Tenn. Code Ann. § 5-17-102 — TN Code / Title 5 / Chapter 17 / Section 5-17-102
Powers and duties
Status: in_force

(a) With the specific exceptions relating to metropolitan governments provided for in this section, the county-wide fire department is empowered to do all things necessary to provide coordinated fire protection to all areas of the county, including, but not limited to: (1) Sue and be sued; (2) Take or acquire real or personal property of every kind, or any interest therein, within the county, by grant, purchase, gift, devise or lease, and hold, manage, occupy, dispose of, convey and encumber the same and create a leasehold interest in the same for the benefit of the county; (3) Exercise the right of eminent domain, but only with the consent of the county legislative body or other governing body; (4) Establish, equip, operate and maintain a county-wide fire department and establish and enforce regulations including, but not limited to, those for the administration, operation and maintenance thereof; (5) Appoint and employ necessary employees and define their qualifications, duties and responsibilities, and provide for payment in reasonable sums for such duties; (6) Employ counsel; (7) Enter into and perform all necessary contracts, including, but not limited to: (A) Contracts for the supply of water where necessary for fire protection; (B) Contract to have existing fire departments and others provide fire protection services in any area of the county, including, but not limited to: (i) Contracts with incorporated towns and utility districts to provide such service within or without their corporate limits; (ii) Contracts to provide fire protection services for any city, town, district, or any part thereof within the county; (C) Contracts to provide and be provided training and maintenance; (D) Contracts to provide and be provided all special service functions, such as arson investigation, inspection, and emergency ambulance and rescue services; (8) Provide and maintain all special service functions necessary for the prevention of fires, including the investigation of the cause of fires and the enforcement of regulations to prevent harmful fires and smoke; (9) Provide and maintain an emergency ambulance, first aid and rescue service; (10) Make regulations, in order to prevent harmful fires and smoke, that shall have the force of law when approved by the county legislative body or other governing body; (11) Give aid anywhere in the county in the event of fire, flood or other disaster; (12) Assist local and volunteer fire departments whenever necessary. Such assistance includes, but is not limited to, financial aid and shall be upon such terms as agreed to by both parties; (13) Provide training and maintenance services for the benefit of any fire department; (14) Set up a central communications network connecting all fire and emergency units in the county; (15) Train, equip, maintain, and provide for the payment of volunteers at the discretion of the county-wide fire department; (16) Recommend the boundaries of fire and emergency services tax district or districts to the county legislative body or other governing body, in those counties that have chosen to fund fire departments through fire and emergency services tax districts, in order to have the fire and emergency services taxes more nearly reflect the cost of services to be rendered in each area of the county, and recommend the amount to be spent in each such district; (17) Make reasonable charges for any services rendered that are not included in the fire and emergency services tax of the district; and (18) With the approval of the county legislative body or other governing body, make written agreements for allocation and conveyance of any or all public functions, rights, duties, property, assets and liabilities of the county-wide fire department to any annexing municipality that justice or reason may require in the circumstances. (b) In those counties that now have or may hereafter have a metropolitan form of government, the powers described in subdivisions (a)(1)-(3), (5), (6) and (9) shall not be vested in the county-wide fire department, but shall be vested in the metropolitan government, to be exercised in the manner provided by its charter. Acts 1965, ch. 138, § 2; 1968, ch. 611, §§ 2, 3; impl. am. Acts 1978, ch. 934, §§ 7, 36; T.C.A., § 5-1702; Acts 1999, ch. 125, §2; 2012 , ch. 771, § 1.
(a) With the specific exceptions relating to metropolitan governments provided for in this section, the county-wide fire department is empowered to do all things necessary to provide coordinated fire protection to all areas of the county, including, but not limited to: (1) Sue and be sued; (2) Take or acquire real or personal property of every kind, or any interest therein, within the county, by grant, purchase, gift, devise or lease, and hold, manage, occupy, dispose of, convey and encumber the same and create a leasehold interest in the same for the benefit of the county; (3) Exercise the right of eminent domain, but only with the consent of the county legislative body or other governing body; (4) Establish, equip, operate and maintain a county-wide fire department and establish and enforce regulations including, but not limited to, those for the administration, operation and maintenance thereof; (5) Appoint and employ necessary employees and define their qualifications, duties and responsibilities, and provide for payment in reasonable sums for such duties; (6) Employ counsel; (7) Enter into and perform all necessary contracts, including, but not limited to: (A) Contracts for the supply of water where necessary for fire protection; (B) Contract to have existing fire departments and others provide fire protection services in any area of the county, including, but not limited to: (i) Contracts with incorporated towns and utility districts to provide such service within or without their corporate limits; (ii) Contracts to provide fire protection services for any city, town, district, or any part thereof within the county; (C) Contracts to provide and be provided training and maintenance; (D) Contracts to provide and be provided all special service functions, such as arson investigation, inspection, and emergency ambulance and rescue services; (8) Provide and maintain all special service functions necessary for the prevention of fires, including the investigation of the cause of fires and the enforcement of regulations to prevent harmful fires and smoke; (9) Provide and maintain an emergency ambulance, first aid and rescue service; (10) Make regulations, in order to prevent harmful fires and smoke, that shall have the force of law when approved by the county legislative body or other governing body; (11) Give aid anywhere in the county in the event of fire, flood or other disaster; (12) Assist local and volunteer fire departments whenever necessary. Such assistance includes, but is not limited to, financial aid and shall be upon such terms as agreed to by both parties; (13) Provide training and maintenance services for the benefit of any fire department; (14) Set up a central communications network connecting all fire and emergency units in the county; (15) Train, equip, maintain, and provide for the payment of volunteers at the discretion of the county-wide fire department; (16) Recommend the boundaries of fire and emergency services tax district or districts to the county legislative body or other governing body, in those counties that have chosen to fund fire departments through fire and emergency services tax districts, in order to have the fire and emergency services taxes more nearly reflect the cost of services to be rendered in each area of the county, and recommend the amount to be spent in each such district; (17) Make reasonable charges for any services rendered that are not included in the fire and emergency services tax of the district; and (18) With the approval of the county legislative body or other governing body, make written agreements for allocation and conveyance of any or all public functions, rights, duties, property, assets and liabilities of the county-wide fire department to any annexing municipality that justice or reason may require in the circumstances.
(1) Sue and be sued;
(2) Take or acquire real or personal property of every kind, or any interest therein, within the county, by grant, purchase, gift, devise or lease, and hold, manage, occupy, dispose of, convey and encumber the same and create a leasehold interest in the same for the benefit of the county;
(3) Exercise the right of eminent domain, but only with the consent of the county legislative body or other governing body;
(4) Establish, equip, operate and maintain a county-wide fire department and establish and enforce regulations including, but not limited to, those for the administration, operation and maintenance thereof;
(5) Appoint and employ necessary employees and define their qualifications, duties and responsibilities, and provide for payment in reasonable sums for such duties;
(6) Employ counsel;
(7) Enter into and perform all necessary contracts, including, but not limited to: (A) Contracts for the supply of water where necessary for fire protection; (B) Contract to have existing fire departments and others provide fire protection services in any area of the county, including, but not limited to: (i) Contracts with incorporated towns and utility districts to provide such service within or without their corporate limits; (ii) Contracts to provide fire protection services for any city, town, district, or any part thereof within the county; (C) Contracts to provide and be provided training and maintenance; (D) Contracts to provide and be provided all special service functions, such as arson investigation, inspection, and emergency ambulance and rescue services;
(A) Contracts for the supply of water where necessary for fire protection;
(B) Contract to have existing fire departments and others provide fire protection services in any area of the county, including, but not limited to: (i) Contracts with incorporated towns and utility districts to provide such service within or without their corporate limits; (ii) Contracts to provide fire protection services for any city, town, district, or any part thereof within the county;
(i) Contracts with incorporated towns and utility districts to provide such service within or without their corporate limits;
(ii) Contracts to provide fire protection services for any city, town, district, or any part thereof within the county;
(C) Contracts to provide and be provided training and maintenance;
(D) Contracts to provide and be provided all special service functions, such as arson investigation, inspection, and emergency ambulance and rescue services;
(8) Provide and maintain all special service functions necessary for the prevention of fires, including the investigation of the cause of fires and the enforcement of regulations to prevent harmful fires and smoke;
(9) Provide and maintain an emergency ambulance, first aid and rescue service;
(10) Make regulations, in order to prevent harmful fires and smoke, that shall have the force of law when approved by the county legislative body or other governing body;
(11) Give aid anywhere in the county in the event of fire, flood or other disaster;
(12) Assist local and volunteer fire departments whenever necessary. Such assistance includes, but is not limited to, financial aid and shall be upon such terms as agreed to by both parties;
(13) Provide training and maintenance services for the benefit of any fire department;
(14) Set up a central communications network connecting all fire and emergency units in the county;
(15) Train, equip, maintain, and provide for the payment of volunteers at the discretion of the county-wide fire department;
(16) Recommend the boundaries of fire and emergency services tax district or districts to the county legislative body or other governing body, in those counties that have chosen to fund fire departments through fire and emergency services tax districts, in order to have the fire and emergency services taxes more nearly reflect the cost of services to be rendered in each area of the county, and recommend the amount to be spent in each such district;
(17) Make reasonable charges for any services rendered that are not included in the fire and emergency services tax of the district; and
(18) With the approval of the county legislative body or other governing body, make written agreements for allocation and conveyance of any or all public functions, rights, duties, property, assets and liabilities of the county-wide fire department to any annexing municipality that justice or reason may require in the circumstances.
(b) In those counties that now have or may hereafter have a metropolitan form of government, the powers described in subdivisions (a)(1)-(3), (5), (6) and (9) shall not be vested in the county-wide fire department, but shall be vested in the metropolitan government, to be exercised in the manner provided by its charter.
Acts 1965, ch. 138, § 2; 1968, ch. 611, §§ 2, 3; impl. am. Acts 1978, ch. 934, §§ 7, 36; T.C.A., § 5-1702; Acts 1999, ch. 125, §2; 2012 , ch. 771, § 1.
Tenn. Code Ann. § 5-1-303 — TN Code / Title 5 / Chapter 1 / Section 5-1-303
Creation
Status: in_force

There is hereby created a county officials certificate training program (COCTP) to be offered and administered by the University of Tennessee institute for public service's center for government training, with the assistance of the University of Tennessee institute for public service's county technical assistance service, and conducted in cooperation with the Tennessee County Services Association (TCSA), the County Officials Association of Tennessee (COAT), and the Tennessee Sheriffs' Association (TSA). Acts 1989, ch. 303, § 3.
There is hereby created a county officials certificate training program (COCTP) to be offered and administered by the University of Tennessee institute for public service's center for government training, with the assistance of the University of Tennessee institute for public service's county technical assistance service, and conducted in cooperation with the Tennessee County Services Association (TCSA), the County Officials Association of Tennessee (COAT), and the Tennessee Sheriffs' Association (TSA).
Acts 1989, ch. 303, § 3.
Tenn. Code Ann. § 5-16-112 — TN Code / Title 5 / Chapter 16 / Section 5-16-112
Plan of services
Status: in_force

(a) (1) No county shall adopt the resolution provided for in § 5-16-102 until there is presented to the regional planning commission serving such county a plan of services for a specified area or areas, for study and a written report, to be rendered within ninety (90) days after such submission, unless by resolution of the county legislative body or other governing body a longer period is allowed. (2) Such plan of services shall set forth, at a minimum, the identification and proposed timing of the services to be rendered. (b) No county shall construct or acquire facilities under this chapter unless plans, including necessary engineering and financing plans, have been similarly presented to the planning commission for study and report. (c) In the event there is no such regional planning commission, then the referral shall be to the local planning commission of the largest municipality within the county having such a commission, and if no municipality within the county has such a planning commission, to the state planning office [abolished]. Acts 1961, ch. 166, § 12; impl. am. Acts 1972, ch. 542, §15; impl. am. Acts 1978, ch. 934, §§ 7, 36; T.C.A., § 5-1612.
(a) (1) No county shall adopt the resolution provided for in § 5-16-102 until there is presented to the regional planning commission serving such county a plan of services for a specified area or areas, for study and a written report, to be rendered within ninety (90) days after such submission, unless by resolution of the county legislative body or other governing body a longer period is allowed. (2) Such plan of services shall set forth, at a minimum, the identification and proposed timing of the services to be rendered.
(1) No county shall adopt the resolution provided for in § 5-16-102 until there is presented to the regional planning commission serving such county a plan of services for a specified area or areas, for study and a written report, to be rendered within ninety (90) days after such submission, unless by resolution of the county legislative body or other governing body a longer period is allowed.
(2) Such plan of services shall set forth, at a minimum, the identification and proposed timing of the services to be rendered.
(b) No county shall construct or acquire facilities under this chapter unless plans, including necessary engineering and financing plans, have been similarly presented to the planning commission for study and report.
(c) In the event there is no such regional planning commission, then the referral shall be to the local planning commission of the largest municipality within the county having such a commission, and if no municipality within the county has such a planning commission, to the state planning office [abolished].
Acts 1961, ch. 166, § 12; impl. am. Acts 1972, ch. 542, §15; impl. am. Acts 1978, ch. 934, §§ 7, 36; T.C.A., § 5-1612.
Tenn. Code Ann. § 5-23-103 — TN Code / Title 5 / Chapter 23 / Section 5-23-103
Adoption of base personnel policies
Status: in_force

(a) Each county official shall adopt base personnel policies, which shall be approved by an attorney as provided in this chapter and filed in the office of the county clerk as provided in this section on or before December 31, 1997. The county official shall submit the base personnel policies to the attorney selected in accordance with § 5-23-105 , to be reviewed for compliance with this chapter and other applicable law. In the event that any policy is not approved by such attorney, the county official may challenge the conclusion of the attorney as to such policy and have such policy reviewed by another attorney selected by the county official and paid from the fees of the office or funds budgeted for the office or department, and the conclusion of that attorney shall be final. The county official shall submit the approved policies to the county legislative body for inclusion in the minutes of the body and filing in the office of the county clerk. Notwithstanding the foregoing, the county board of education may employ its own attorney to review and approve its policies, and the board shall submit to the county legislative body with the approved policies acceptable evidence that the policies have been reviewed and are in compliance with this chapter and applicable law. If any county official fails to adopt and file such policies on or before December 31, 1997, the employees of the county official shall be governed by the base personnel policies adopted by the county legislative body pursuant to subsection (d). (b) Any county official who wishes to discontinue policies that the official has previously adopted under subsection (a) shall submit written notice to the county legislative body for inclusion in the minutes and filing in the office of the county clerk, specifying the effective date of the change. From and after the specified effective date, the employees of such office shall be governed by the base personnel policies adopted by the county legislative body pursuant to subsection (d). (c) (1) Any county official whose employees are governed by the base personnel policies adopted by the county legislative body shall have the right to adopt separate base personnel policies applicable to the employees of such official's office by filing approved base personnel policies with the county legislative body in the same manner as set out in subsection (a), at the following times: (A) Once annually, on or before November 30 each year; and (B) Within thirty (30) days after any amendment to the policies becomes effective. (2) Such policies shall become effective on the first day of the month following their filing in the office of the county clerk as provided in subsection (a). (d) (1) The county mayor and the county legislative body shall provide for the adoption of base personnel policies to govern all county employees except those governed by separate base personnel policies adopted as provided in this section. (2) The county mayor shall submit to the county legislative body for approval a list of all agencies, offices and departments that will be governed by the base personnel policies. This list shall include and shall be limited to all departments, agencies and boards whose funds are handled through the office of the county trustee. (3) The attorney selected in accordance with § 5-23-105 shall review the list for accuracy and completeness, and shall report such attorney's findings to the county legislative body. (4) Upon approval of the list, the county mayor shall appoint, subject to the confirmation of the county legislative body, one (1) or more persons to develop the base personnel policies. Such persons may be members of the county legislative body, the county mayor, officials or employees of agencies, offices or departments to be governed by such policies, or other persons having appropriate knowledge and expertise. Such persons shall be appointed and confirmed on or before October 31, 1997. (5) The policies shall be prepared and submitted to an attorney for review as provided in § 5-23-105 , and upon approval by the attorney they shall be presented to the county legislative body for approval on or before March 1, 1998. (6) The county legislative body shall either approve or disapprove the policies as a whole. If the policies are not approved, they shall be returned to the originating person or group for revision and resubmission to the county legislative body. (7) When approved, the policies shall be included in the minutes of the county legislative body and filed in the office of the county clerk, and the policies shall be effective on the first day of the month following approval by the county legislative body. The final policies shall be approved by the county legislative body and filed in the minutes in the office of the county clerk on or before May 31, 1998. (8) Any governmental agency or entity whose funds are not handled through the office of the county trustee may, by action of the governing board of such agency or entity, adopt for such agency or entity the personnel policies filed in the office of the county clerk in accordance with this subsection (d). (e) Upon completion of the base personnel policies in accordance with subsection (d), a county mayor may adopt separate base personnel policies applicable to the employees of the county mayor's individual office by filing approved base personnel policies with the county legislative body in the same manner established in subsection (a). Acts 1997 , ch. 361, § 3; 1998, ch. 596, §§1, 3; 2003 , ch. 90, § 2.
(a) Each county official shall adopt base personnel policies, which shall be approved by an attorney as provided in this chapter and filed in the office of the county clerk as provided in this section on or before December 31, 1997. The county official shall submit the base personnel policies to the attorney selected in accordance with § 5-23-105 , to be reviewed for compliance with this chapter and other applicable law. In the event that any policy is not approved by such attorney, the county official may challenge the conclusion of the attorney as to such policy and have such policy reviewed by another attorney selected by the county official and paid from the fees of the office or funds budgeted for the office or department, and the conclusion of that attorney shall be final. The county official shall submit the approved policies to the county legislative body for inclusion in the minutes of the body and filing in the office of the county clerk. Notwithstanding the foregoing, the county board of education may employ its own attorney to review and approve its policies, and the board shall submit to the county legislative body with the approved policies acceptable evidence that the policies have been reviewed and are in compliance with this chapter and applicable law. If any county official fails to adopt and file such policies on or before December 31, 1997, the employees of the county official shall be governed by the base personnel policies adopted by the county legislative body pursuant to subsection (d).
(b) Any county official who wishes to discontinue policies that the official has previously adopted under subsection (a) shall submit written notice to the county legislative body for inclusion in the minutes and filing in the office of the county clerk, specifying the effective date of the change. From and after the specified effective date, the employees of such office shall be governed by the base personnel policies adopted by the county legislative body pursuant to subsection (d).
(c) (1) Any county official whose employees are governed by the base personnel policies adopted by the county legislative body shall have the right to adopt separate base personnel policies applicable to the employees of such official's office by filing approved base personnel policies with the county legislative body in the same manner as set out in subsection (a), at the following times: (A) Once annually, on or before November 30 each year; and (B) Within thirty (30) days after any amendment to the policies becomes effective. (2) Such policies shall become effective on the first day of the month following their filing in the office of the county clerk as provided in subsection (a).
(1) Any county official whose employees are governed by the base personnel policies adopted by the county legislative body shall have the right to adopt separate base personnel policies applicable to the employees of such official's office by filing approved base personnel policies with the county legislative body in the same manner as set out in subsection (a), at the following times: (A) Once annually, on or before November 30 each year; and (B) Within thirty (30) days after any amendment to the policies becomes effective.
(A) Once annually, on or before November 30 each year; and
(B) Within thirty (30) days after any amendment to the policies becomes effective.
(2) Such policies shall become effective on the first day of the month following their filing in the office of the county clerk as provided in subsection (a).
(d) (1) The county mayor and the county legislative body shall provide for the adoption of base personnel policies to govern all county employees except those governed by separate base personnel policies adopted as provided in this section. (2) The county mayor shall submit to the county legislative body for approval a list of all agencies, offices and departments that will be governed by the base personnel policies. This list shall include and shall be limited to all departments, agencies and boards whose funds are handled through the office of the county trustee. (3) The attorney selected in accordance with § 5-23-105 shall review the list for accuracy and completeness, and shall report such attorney's findings to the county legislative body. (4) Upon approval of the list, the county mayor shall appoint, subject to the confirmation of the county legislative body, one (1) or more persons to develop the base personnel policies. Such persons may be members of the county legislative body, the county mayor, officials or employees of agencies, offices or departments to be governed by such policies, or other persons having appropriate knowledge and expertise. Such persons shall be appointed and confirmed on or before October 31, 1997. (5) The policies shall be prepared and submitted to an attorney for review as provided in § 5-23-105 , and upon approval by the attorney they shall be presented to the county legislative body for approval on or before March 1, 1998. (6) The county legislative body shall either approve or disapprove the policies as a whole. If the policies are not approved, they shall be returned to the originating person or group for revision and resubmission to the county legislative body. (7) When approved, the policies shall be included in the minutes of the county legislative body and filed in the office of the county clerk, and the policies shall be effective on the first day of the month following approval by the county legislative body. The final policies shall be approved by the county legislative body and filed in the minutes in the office of the county clerk on or before May 31, 1998. (8) Any governmental agency or entity whose funds are not handled through the office of the county trustee may, by action of the governing board of such agency or entity, adopt for such agency or entity the personnel policies filed in the office of the county clerk in accordance with this subsection (d).
(1) The county mayor and the county legislative body shall provide for the adoption of base personnel policies to govern all county employees except those governed by separate base personnel policies adopted as provided in this section.
(2) The county mayor shall submit to the county legislative body for approval a list of all agencies, offices and departments that will be governed by the base personnel policies. This list shall include and shall be limited to all departments, agencies and boards whose funds are handled through the office of the county trustee.
(3) The attorney selected in accordance with § 5-23-105 shall review the list for accuracy and completeness, and shall report such attorney's findings to the county legislative body.
(4) Upon approval of the list, the county mayor shall appoint, subject to the confirmation of the county legislative body, one (1) or more persons to develop the base personnel policies. Such persons may be members of the county legislative body, the county mayor, officials or employees of agencies, offices or departments to be governed by such policies, or other persons having appropriate knowledge and expertise. Such persons shall be appointed and confirmed on or before October 31, 1997.
(5) The policies shall be prepared and submitted to an attorney for review as provided in § 5-23-105 , and upon approval by the attorney they shall be presented to the county legislative body for approval on or before March 1, 1998.
(6) The county legislative body shall either approve or disapprove the policies as a whole. If the policies are not approved, they shall be returned to the originating person or group for revision and resubmission to the county legislative body.
(7) When approved, the policies shall be included in the minutes of the county legislative body and filed in the office of the county clerk, and the policies shall be effective on the first day of the month following approval by the county legislative body. The final policies shall be approved by the county legislative body and filed in the minutes in the office of the county clerk on or before May 31, 1998.
(8) Any governmental agency or entity whose funds are not handled through the office of the county trustee may, by action of the governing board of such agency or entity, adopt for such agency or entity the personnel policies filed in the office of the county clerk in accordance with this subsection (d).
(e) Upon completion of the base personnel policies in accordance with subsection (d), a county mayor may adopt separate base personnel policies applicable to the employees of the county mayor's individual office by filing approved base personnel policies with the county legislative body in the same manner established in subsection (a).
Acts 1997 , ch. 361, § 3; 1998, ch. 596, §§1, 3; 2003 , ch. 90, § 2.
Tenn. Code Ann. § 5-8-302 — TN Code / Title 5 / Chapter 8 / Section 5-8-302
Committee on investment
Status: in_force

(a) For the purpose of carrying out § 5-8-301 , the county legislative body of the several counties may appoint a committee with authority to designate the types of investments, the amounts of those investments and the maturity of those investments. (b) No liability shall attach to any member of a committee selected for the purpose mentioned in subsection (a), except for misfeasance or malfeasance in the performance of the duties imposed on the committee. Acts 1943, ch. 23, § 2; C. Supp. 1950, § 1044.2 (Williams, § 1080.2); impl. am. Acts 1978, ch. 934, §§ 7, 36; T.C.A. (orig. ed.), § 5-820; Acts 2006, ch. 693, § 3.
(a) For the purpose of carrying out § 5-8-301 , the county legislative body of the several counties may appoint a committee with authority to designate the types of investments, the amounts of those investments and the maturity of those investments.
(b) No liability shall attach to any member of a committee selected for the purpose mentioned in subsection (a), except for misfeasance or malfeasance in the performance of the duties imposed on the committee.
Acts 1943, ch. 23, § 2; C. Supp. 1950, § 1044.2 (Williams, § 1080.2); impl. am. Acts 1978, ch. 934, §§ 7, 36; T.C.A. (orig. ed.), § 5-820; Acts 2006, ch. 693, § 3.
Tenn. Code Ann. § 5-6-119 — TN Code / Title 5 / Chapter 6 / Section 5-6-119
Energy siting agreements
Status: in_force

(a) As used in this section, unless the context otherwise requires: (1) "County" means a county or metropolitan form of government, including any consolidated government established pursuant to the power granted by the Constitution of Tennessee, Article XI, § 9; (2) "Energy project" means energy infrastructure improvements, whether composed of real or personal property, or both, for clean energy or renewable energy as those terms are defined in § 7-51-2401 , including all sources listed in §§ 7-51-2403 and 7-51-2404 ; and (3) "Energy siting agreement" means a voluntary agreement by and between a county and a developer of energy infrastructure improvements approving the siting in the county of one (1) or more energy projects upon a finding that such an agreement is in the best interest of the county. (b) A county mayor may negotiate an energy siting agreement with a developer of an energy project, which agreement takes effect upon approval of the county legislative body by resolution and execution by the developer of the energy project. (c) An energy siting agreement must specify the following: (1) The duration of the energy siting agreement; (2) The proposed tract or tracts of land on which the energy project is proposed to be located; (3) A description of the proposed energy project together with the nature of any allowable modifications to the described or depicted design of the energy project; and (4) Any additional terms determined to be necessary by the county and the developer. (d) An energy siting agreement may include reductions in setbacks, vegetative buffers, or other visual screening or fencing requirements that would otherwise be imposed on the energy project under existing applicable county ordinances or resolutions based upon site-specific conditions or a written waiver of such requirements by a landowner or landowners of property adjoining the affected tract of land where the energy project is proposed to be located. (e) Because the characteristics of energy projects may be consistent with agricultural uses, an energy siting agreement may authorize the siting of an energy project in a zoning district intended to be used primarily for agricultural or similar uses or in other rural areas upon a finding by the legislative body of the county that the proposed energy project is consistent with present or future agricultural uses in the surrounding area. (f) Modifications of design standards or conditions included in an energy siting agreement are binding during the vested period on all county agencies, boards, and commissions with the power to recommend, approve, or disapprove applications for a special exception, use permitted on appeal, conditional use permit, site plan, building permit, or another similar permit or approval required to site, construct, or operate an energy project in the county. (g) This section does not authorize a county to take any action that would constitute a de facto prohibition, as that term is used in § 7-51-2202 , of any form of energy project based solely on the failure of an energy project to be the subject of an energy siting agreement. (h) Except to the extent expressly authorized in this section or another law, an energy siting agreement does not relieve any public agency of actual and timely performance of any obligation or responsibility imposed upon it by law. Added by 2024 Tenn. Acts, ch. 814,s 9, eff. 6/1/2024.
(a) As used in this section, unless the context otherwise requires: (1) "County" means a county or metropolitan form of government, including any consolidated government established pursuant to the power granted by the Constitution of Tennessee, Article XI, § 9; (2) "Energy project" means energy infrastructure improvements, whether composed of real or personal property, or both, for clean energy or renewable energy as those terms are defined in § 7-51-2401 , including all sources listed in §§ 7-51-2403 and 7-51-2404 ; and (3) "Energy siting agreement" means a voluntary agreement by and between a county and a developer of energy infrastructure improvements approving the siting in the county of one (1) or more energy projects upon a finding that such an agreement is in the best interest of the county.
(1) "County" means a county or metropolitan form of government, including any consolidated government established pursuant to the power granted by the Constitution of Tennessee, Article XI, § 9;
(2) "Energy project" means energy infrastructure improvements, whether composed of real or personal property, or both, for clean energy or renewable energy as those terms are defined in § 7-51-2401 , including all sources listed in §§ 7-51-2403 and 7-51-2404 ; and
(3) "Energy siting agreement" means a voluntary agreement by and between a county and a developer of energy infrastructure improvements approving the siting in the county of one (1) or more energy projects upon a finding that such an agreement is in the best interest of the county.
(b) A county mayor may negotiate an energy siting agreement with a developer of an energy project, which agreement takes effect upon approval of the county legislative body by resolution and execution by the developer of the energy project.
(c) An energy siting agreement must specify the following: (1) The duration of the energy siting agreement; (2) The proposed tract or tracts of land on which the energy project is proposed to be located; (3) A description of the proposed energy project together with the nature of any allowable modifications to the described or depicted design of the energy project; and (4) Any additional terms determined to be necessary by the county and the developer.
(1) The duration of the energy siting agreement;
(2) The proposed tract or tracts of land on which the energy project is proposed to be located;
(3) A description of the proposed energy project together with the nature of any allowable modifications to the described or depicted design of the energy project; and
(4) Any additional terms determined to be necessary by the county and the developer.
(d) An energy siting agreement may include reductions in setbacks, vegetative buffers, or other visual screening or fencing requirements that would otherwise be imposed on the energy project under existing applicable county ordinances or resolutions based upon site-specific conditions or a written waiver of such requirements by a landowner or landowners of property adjoining the affected tract of land where the energy project is proposed to be located.
(e) Because the characteristics of energy projects may be consistent with agricultural uses, an energy siting agreement may authorize the siting of an energy project in a zoning district intended to be used primarily for agricultural or similar uses or in other rural areas upon a finding by the legislative body of the county that the proposed energy project is consistent with present or future agricultural uses in the surrounding area.
(f) Modifications of design standards or conditions included in an energy siting agreement are binding during the vested period on all county agencies, boards, and commissions with the power to recommend, approve, or disapprove applications for a special exception, use permitted on appeal, conditional use permit, site plan, building permit, or another similar permit or approval required to site, construct, or operate an energy project in the county.
(g) This section does not authorize a county to take any action that would constitute a de facto prohibition, as that term is used in § 7-51-2202 , of any form of energy project based solely on the failure of an energy project to be the subject of an energy siting agreement.
(h) Except to the extent expressly authorized in this section or another law, an energy siting agreement does not relieve any public agency of actual and timely performance of any obligation or responsibility imposed upon it by law.
Added by 2024 Tenn. Acts, ch. 814,s 9, eff. 6/1/2024.
Tenn. Code Ann. § 5-5-202 — TN Code / Title 5 / Chapter 5 / Section 5-5-202
County bonds
Status: in_force

(a) It is the intent of the general assembly to preserve the rights and privileges of holders of outstanding county bonds and other indebtedness. The respective counties shall continue to be liable upon all outstanding bonds and other indebtedness for which they were liable prior to May 11, 1978, and nothing in this chapter and chapters 1 and 6 of this title shall be construed to abolish, limit or abrogate any rights or privileges heretofore existing in any holders of such outstanding bonds or indebtedness. (b) With respect to county bonds and other indebtedness, the county mayor established by this chapter and chapters 1 and 6 of this title shall succeed to all rights and duties heretofore existing as to any officers whose functions are assumed in whole or part by the county mayor pursuant to this chapter and chapters 1 and 6 of this title. Likewise with respect to county bonds and other indebtedness, the county legislative body established by this chapter and chapters 1 and 6 of this title shall succeed to all rights and duties heretofore existing as to any entities whose functions are assumed in whole or part by the county legislative body pursuant to this chapter and chapters 1 and 6 of this title. Acts 1978, ch. 934, § 34; T.C.A., § 5-552; Acts 2003, ch. 90, § 2.
(a) It is the intent of the general assembly to preserve the rights and privileges of holders of outstanding county bonds and other indebtedness. The respective counties shall continue to be liable upon all outstanding bonds and other indebtedness for which they were liable prior to May 11, 1978, and nothing in this chapter and chapters 1 and 6 of this title shall be construed to abolish, limit or abrogate any rights or privileges heretofore existing in any holders of such outstanding bonds or indebtedness.
(b) With respect to county bonds and other indebtedness, the county mayor established by this chapter and chapters 1 and 6 of this title shall succeed to all rights and duties heretofore existing as to any officers whose functions are assumed in whole or part by the county mayor pursuant to this chapter and chapters 1 and 6 of this title. Likewise with respect to county bonds and other indebtedness, the county legislative body established by this chapter and chapters 1 and 6 of this title shall succeed to all rights and duties heretofore existing as to any entities whose functions are assumed in whole or part by the county legislative body pursuant to this chapter and chapters 1 and 6 of this title.
Acts 1978, ch. 934, § 34; T.C.A., § 5-552; Acts 2003, ch. 90, § 2.
Tenn. Code Ann. § 5-14-204 — TN Code / Title 5 / Chapter 14 / Section 5-14-204
Bidding - Exceptions
Status: in_force

All purchases and leases or lease-purchase agreements shall be made or entered into only after public advertisement and competitive bid, except as follows: (1) Purchases costing less than the maximum applicable threshold over which public advertising and sealed competitive bids or proposals are required for nonemergency, nonproprietary purchases as established pursuant to § 12-3-1212 . Purchases of like items must be aggregated for the purposes of the bid threshold; (2) (A) Any goods or services that may not be procured by competitive means because of the existence of a single source of supply or because of a proprietary product; (B) A record of all such sole source or proprietary purchases shall be made by the person or body authorizing such purchases and shall specify the amount paid, the items purchased, and from whom the purchases were made; (C) A report of such sole source or proprietary purchases shall be made as soon as possible to the county governing body and the county mayor of the county and shall include all items of information as required in the record; (3) (A) Purchases or leases of any supplies, materials or equipment for immediate delivery in actual emergencies arising from unforeseen causes, including delays by contractors, delays in transportation, and unanticipated volume of work; (B) A record of any emergency purchase shall be made by the person or body authorizing such emergency purchase, and shall specify the amount paid, the items purchased, from whom the purchase was made and the nature of the emergency; (C) A report of any emergency purchase shall be made as soon as possible to the county governing body and the county mayor, and shall include all items of information as required in the record; (4) Leases or lease-purchase agreements requiring total payments that do not exceed the maximum applicable threshold over which public advertisement and sealed competitive bids or proposals are required for nonemergency, nonproprietary purchases established pursuant to § 12-3-1212 in each fiscal year the agreement is in effect. Leases of like or related items must be aggregated for the purposes of the threshold; and (5) (A) Governing bodies may exempt perishable commodities from the requirements of public advertisement and competitive bidding when such items are purchased in the open market; (B) A record of all such purchases shall be made by the person or body authorizing such purchases and shall specify the amount paid, the items purchased, and from whom the purchase was made; (C) A report of such purchases shall be made, at least monthly, to the county mayor and the governing body and shall include all items of information as required in the record. (6) [Deleted by 2024 amendment.] Amended by 2024 Tenn. Acts, ch. 661,s 2, eff. 4/9/2024. Amended by 2024 Tenn. Acts, ch. 513,s 3, eff. 3/1/2024. Amended by 2024 Tenn. Acts, ch. 513,s 2, eff. 3/1/2024. Acts 1983, ch. 451, § 4; 1988, ch. 770, § 3; 1995, ch. 179, § 4; 2007 , ch. 135, § 3.
All purchases and leases or lease-purchase agreements shall be made or entered into only after public advertisement and competitive bid, except as follows:
(1) Purchases costing less than the maximum applicable threshold over which public advertising and sealed competitive bids or proposals are required for nonemergency, nonproprietary purchases as established pursuant to § 12-3-1212 . Purchases of like items must be aggregated for the purposes of the bid threshold;
(2) (A) Any goods or services that may not be procured by competitive means because of the existence of a single source of supply or because of a proprietary product; (B) A record of all such sole source or proprietary purchases shall be made by the person or body authorizing such purchases and shall specify the amount paid, the items purchased, and from whom the purchases were made; (C) A report of such sole source or proprietary purchases shall be made as soon as possible to the county governing body and the county mayor of the county and shall include all items of information as required in the record;
(A) Any goods or services that may not be procured by competitive means because of the existence of a single source of supply or because of a proprietary product;
(B) A record of all such sole source or proprietary purchases shall be made by the person or body authorizing such purchases and shall specify the amount paid, the items purchased, and from whom the purchases were made;
(C) A report of such sole source or proprietary purchases shall be made as soon as possible to the county governing body and the county mayor of the county and shall include all items of information as required in the record;
(3) (A) Purchases or leases of any supplies, materials or equipment for immediate delivery in actual emergencies arising from unforeseen causes, including delays by contractors, delays in transportation, and unanticipated volume of work; (B) A record of any emergency purchase shall be made by the person or body authorizing such emergency purchase, and shall specify the amount paid, the items purchased, from whom the purchase was made and the nature of the emergency; (C) A report of any emergency purchase shall be made as soon as possible to the county governing body and the county mayor, and shall include all items of information as required in the record;
(A) Purchases or leases of any supplies, materials or equipment for immediate delivery in actual emergencies arising from unforeseen causes, including delays by contractors, delays in transportation, and unanticipated volume of work;
(B) A record of any emergency purchase shall be made by the person or body authorizing such emergency purchase, and shall specify the amount paid, the items purchased, from whom the purchase was made and the nature of the emergency;
(C) A report of any emergency purchase shall be made as soon as possible to the county governing body and the county mayor, and shall include all items of information as required in the record;
(4) Leases or lease-purchase agreements requiring total payments that do not exceed the maximum applicable threshold over which public advertisement and sealed competitive bids or proposals are required for nonemergency, nonproprietary purchases established pursuant to § 12-3-1212 in each fiscal year the agreement is in effect. Leases of like or related items must be aggregated for the purposes of the threshold; and
(5) (A) Governing bodies may exempt perishable commodities from the requirements of public advertisement and competitive bidding when such items are purchased in the open market; (B) A record of all such purchases shall be made by the person or body authorizing such purchases and shall specify the amount paid, the items purchased, and from whom the purchase was made; (C) A report of such purchases shall be made, at least monthly, to the county mayor and the governing body and shall include all items of information as required in the record.
(A) Governing bodies may exempt perishable commodities from the requirements of public advertisement and competitive bidding when such items are purchased in the open market;
(B) A record of all such purchases shall be made by the person or body authorizing such purchases and shall specify the amount paid, the items purchased, and from whom the purchase was made;
(C) A report of such purchases shall be made, at least monthly, to the county mayor and the governing body and shall include all items of information as required in the record.
(6) [Deleted by 2024 amendment.]
Amended by 2024 Tenn. Acts, ch. 661,s 2, eff. 4/9/2024.
Amended by 2024 Tenn. Acts, ch. 513,s 3, eff. 3/1/2024.
Amended by 2024 Tenn. Acts, ch. 513,s 2, eff. 3/1/2024.
Acts 1983, ch. 451, § 4; 1988, ch. 770, § 3; 1995, ch. 179, § 4; 2007 , ch. 135, § 3.
Tenn. Code Ann. § 5-1-115 — TN Code / Title 5 / Chapter 1 / Section 5-1-115
[For Amendment contingent on county approval; see the Compiler's Notes.] Removal of vegetation and debris from certain lots
Status: in_force

(a) The authority in this section is permissive and not mandatory and may or may not be exercised by a county, as each county deems appropriate. (b) If it is determined by the appropriate department or person, as designated by the governing body of a county, that any owner of record of real property has created, maintained or permitted to be maintained on such property, the growth of trees, vines, grass, underbrush or the accumulation of debris, trash, litter, garbage, or any combination of the preceding elements, or a vacant dilapidated building or structure, so as to endanger the health, safety or welfare of other citizens, or to encourage the infestation of rats and other harmful animals, the appropriate department or person shall provide notice to the owner of record to remedy the condition immediately. The notice shall be given by United States mail, addressed to the last known address of the owner of record. The notice shall state that the owner of the property is entitled to a hearing. The notice shall be written in plain language and shall also include, but not be limited to, the following elements: (1) A brief statement of this section, which shall contain the consequences of failing to remedy the noted condition; (2) The person, office, address and telephone number of the department or person giving notice; (3) A cost estimate for remedying the noted condition, which shall be in conformity with the standards of cost in the community; and (4) A place wherein the notified party may return a copy of the notice, indicating the desire for a hearing. (c) (1) If the person fails or refuses to remedy the condition within ten (10) days after receiving the notice, the appropriate department or person shall immediately cause the condition to be remedied or removed at a cost in conformity with reasonable standards and the cost thereof assessed against the owner of the property. The cost shall be a lien upon the property in favor of the county. These costs shall be placed upon the tax rolls of the county as a lien upon the property and shall be collected in the same manner as the county's taxes are collected, when the county causes a notice thereof to be filed in the office of the register of deeds of the county in which the property lies, second only to liens of the state, county and municipality for taxes, any lien of the county for special assessments and any valid lien, right or interest in such property duly recorded or duly perfected by filing, prior to the filing of such notice. Such notice shall identify the owner of record of the real property, contain the property address, describe the property sufficiently to identify it and recite the amount of the obligation secured by the lien. (2) If the person who is the owner of record is a carrier engaged in the transportation of property or is a utility transmitting communications, electricity, gas, liquids, steam, sewerage or other materials, the ten-day period provided for in subdivision (c)(1) shall be twenty (20) days, excluding Saturdays, Sundays and legal holidays. (d) (1) The county governing body or the appropriate department, or both, may make any rules and regulations necessary for the administration and enforcement of this section. The county shall provide for a hearing upon request of the person aggrieved by the determination made pursuant to subsection (b). A request for a hearing shall be made within ten (10) days following the receipt of the notice issued pursuant to subsection (b). Failure to make the request within this time shall without exception constitute a waiver of the right to a hearing. (2) Any person aggrieved by an order or act of the board, agency or commission under this subsection (d) may seek judicial review of the order or act. The time period established in subsection (c) shall be stayed during the pendency of a hearing. (e) (1) Except in any county having a population of: not less than nor more than 5,800 6,100 31,500 31,800 40,200 40,500 55,700 56,000 77,800 78,000 92,200 92,500 according to the 1990 federal census or any subsequent federal census, the provisions of subsection (c) permitting a county to remedy such dangerous conditions shall not apply to any parcel of property upon which an owner-occupied residence is located. (2) Notwithstanding subdivision (e)(1), in any county having a population of not less than sixty-nine thousand four hundred (69,400) nor more than sixty-nine thousand five hundred (69,500), according to the 2000 federal census or any subsequent federal census, the provisions of subsection (c) permitting a county to remedy such dangerous conditions shall apply to any parcel of property, including any parcel upon which an owner-occupied residence is located. (3) This subsection (e) shall not apply to subsection (g). (4) Notwithstanding subdivision (e)(1), in any county having a population of not less than twenty-seven thousand seven hundred (27,700) nor more than twenty-seven thousand eight hundred (27,800), according to the 2010 federal census or any subsequent federal census, subsection (c) permitting a county to remedy such dangerous conditions shall apply to any parcel of property, including any parcel upon which an owner-occupied residence is located. (5) Notwithstanding subdivision (e)(1), in any county having a population of not less than seventy-two thousand three hundred (72,300) nor more than seventy-two thousand four hundred (72,400), according to the 2010 federal census or any subsequent federal census, subsection (c) permitting a county to remedy such dangerous conditions shall apply to any parcel of property, including any parcel upon which an owner-occupied residence is located. (6) Notwithstanding subdivision (e)(1), in any county having a population of not less than thirty-eight thousand three hundred (38,300) and not more than thirty-eight thousand four hundred (38,400), according to the 2010 federal census or any subsequent federal census, subsection (c) permitting a county to remedy such dangerous conditions shall apply to any parcel of property, including any parcel upon which an owner-occupied residence is located. (7) Notwithstanding subdivision (e)(1), in any county having a population of not less than fifty-seven thousand four hundred (57,400) and not more than fifty-seven thousand five hundred (57,500), according to the 2010 federal census or any subsequent federal census, subsection (c) permitting a county to remedy such dangerous conditions shall apply to any parcel of property, including any parcel upon which an owner-occupied residence is located. (f) This section is in addition and supplemental to, and not in substitution for, similar authority in any county's charter or other applicable law. (g) (1) As used in this subsection (g): (A) "Community organization" means a community-oriented organization or group including, but not limited to, a school group, church youth group, neighborhood preservation nonprofit corporation, or community support group; and (B) "Vacant property" means property on which no building exists or on which a building exists but any such building is no longer utilized for any business, commercial or residential purposes. (2) If a person fails to remedy the condition on vacant property within the time period prescribed by subsection (c), subject to any stay as provided in subsection (d), upon the adoption of a resolution by a two-thirds (2/3) vote of the county legislative body of any county having a population in excess of eight hundred thousand (800,000), according to the 2000 federal census or any subsequent federal census, to implement this subsection (g) within such county, a community organization shall be entitled to petition the county to enter upon such vacant property to remedy the conditions identified in subsection (b). Upon the filing of such a petition, the county is authorized to contract with such community organization for such purposes. The contract shall provide for the manner in which the community organization shall be compensated for remedying the conditions pursuant to such contract. Any county that contracts with a community organization for such purposes shall be absolutely immune from any liability to any and all persons and for damage to the vacant property for conditions remedied by the community organization. No monetary liability and no cause of action of any nature shall arise against the county for acts of omission or commission of such community organization for conditions remedied pursuant to such contract. Amended by 2018 Tenn. Acts, ch. 815, s 1, eff. 4/27/2018. Amended by 2017 Tenn. Acts, ch. 303, s 1, eff. 5/5/2017. Amended by 2016 Tenn. Acts, ch. 681, s 1, eff. 3/24/2016. Amended by 2015 Tenn. Acts, ch. 258, s 1, eff. 4/24/2015. Amended by 2014 Tenn. Acts, ch. 963,s 2, eff. 1/1/2015. Acts 1989, ch. 49, § 1; 1990, ch. 941, §§ 1, 2; 1992, ch. 997, § 1; 1994, ch. 894, §§ 1-3; 1996, ch. 613, § 1; 1999, ch. 53, § 1; 2000, ch. 791, § 1; 2003 , ch. 3, § 1; 2006, ch. 530, § 1; 2010 , ch. 923, §§ 1, 2.
(a) The authority in this section is permissive and not mandatory and may or may not be exercised by a county, as each county deems appropriate.
(b) If it is determined by the appropriate department or person, as designated by the governing body of a county, that any owner of record of real property has created, maintained or permitted to be maintained on such property, the growth of trees, vines, grass, underbrush or the accumulation of debris, trash, litter, garbage, or any combination of the preceding elements, or a vacant dilapidated building or structure, so as to endanger the health, safety or welfare of other citizens, or to encourage the infestation of rats and other harmful animals, the appropriate department or person shall provide notice to the owner of record to remedy the condition immediately. The notice shall be given by United States mail, addressed to the last known address of the owner of record. The notice shall state that the owner of the property is entitled to a hearing. The notice shall be written in plain language and shall also include, but not be limited to, the following elements: (1) A brief statement of this section, which shall contain the consequences of failing to remedy the noted condition; (2) The person, office, address and telephone number of the department or person giving notice; (3) A cost estimate for remedying the noted condition, which shall be in conformity with the standards of cost in the community; and (4) A place wherein the notified party may return a copy of the notice, indicating the desire for a hearing.
(1) A brief statement of this section, which shall contain the consequences of failing to remedy the noted condition;
(2) The person, office, address and telephone number of the department or person giving notice;
(3) A cost estimate for remedying the noted condition, which shall be in conformity with the standards of cost in the community; and
(4) A place wherein the notified party may return a copy of the notice, indicating the desire for a hearing.
(c) (1) If the person fails or refuses to remedy the condition within ten (10) days after receiving the notice, the appropriate department or person shall immediately cause the condition to be remedied or removed at a cost in conformity with reasonable standards and the cost thereof assessed against the owner of the property. The cost shall be a lien upon the property in favor of the county. These costs shall be placed upon the tax rolls of the county as a lien upon the property and shall be collected in the same manner as the county's taxes are collected, when the county causes a notice thereof to be filed in the office of the register of deeds of the county in which the property lies, second only to liens of the state, county and municipality for taxes, any lien of the county for special assessments and any valid lien, right or interest in such property duly recorded or duly perfected by filing, prior to the filing of such notice. Such notice shall identify the owner of record of the real property, contain the property address, describe the property sufficiently to identify it and recite the amount of the obligation secured by the lien. (2) If the person who is the owner of record is a carrier engaged in the transportation of property or is a utility transmitting communications, electricity, gas, liquids, steam, sewerage or other materials, the ten-day period provided for in subdivision (c)(1) shall be twenty (20) days, excluding Saturdays, Sundays and legal holidays.
(1) If the person fails or refuses to remedy the condition within ten (10) days after receiving the notice, the appropriate department or person shall immediately cause the condition to be remedied or removed at a cost in conformity with reasonable standards and the cost thereof assessed against the owner of the property. The cost shall be a lien upon the property in favor of the county. These costs shall be placed upon the tax rolls of the county as a lien upon the property and shall be collected in the same manner as the county's taxes are collected, when the county causes a notice thereof to be filed in the office of the register of deeds of the county in which the property lies, second only to liens of the state, county and municipality for taxes, any lien of the county for special assessments and any valid lien, right or interest in such property duly recorded or duly perfected by filing, prior to the filing of such notice. Such notice shall identify the owner of record of the real property, contain the property address, describe the property sufficiently to identify it and recite the amount of the obligation secured by the lien.
(2) If the person who is the owner of record is a carrier engaged in the transportation of property or is a utility transmitting communications, electricity, gas, liquids, steam, sewerage or other materials, the ten-day period provided for in subdivision (c)(1) shall be twenty (20) days, excluding Saturdays, Sundays and legal holidays.
(d) (1) The county governing body or the appropriate department, or both, may make any rules and regulations necessary for the administration and enforcement of this section. The county shall provide for a hearing upon request of the person aggrieved by the determination made pursuant to subsection (b). A request for a hearing shall be made within ten (10) days following the receipt of the notice issued pursuant to subsection (b). Failure to make the request within this time shall without exception constitute a waiver of the right to a hearing. (2) Any person aggrieved by an order or act of the board, agency or commission under this subsection (d) may seek judicial review of the order or act. The time period established in subsection (c) shall be stayed during the pendency of a hearing.
(1) The county governing body or the appropriate department, or both, may make any rules and regulations necessary for the administration and enforcement of this section. The county shall provide for a hearing upon request of the person aggrieved by the determination made pursuant to subsection (b). A request for a hearing shall be made within ten (10) days following the receipt of the notice issued pursuant to subsection (b). Failure to make the request within this time shall without exception constitute a waiver of the right to a hearing.
(2) Any person aggrieved by an order or act of the board, agency or commission under this subsection (d) may seek judicial review of the order or act. The time period established in subsection (c) shall be stayed during the pendency of a hearing.
(e) (1) Except in any county having a population of: not less than nor more than 5,800 6,100 31,500 31,800 40,200 40,500 55,700 56,000 77,800 78,000 92,200 92,500 according to the 1990 federal census or any subsequent federal census, the provisions of subsection (c) permitting a county to remedy such dangerous conditions shall not apply to any parcel of property upon which an owner-occupied residence is located. (2) Notwithstanding subdivision (e)(1), in any county having a population of not less than sixty-nine thousand four hundred (69,400) nor more than sixty-nine thousand five hundred (69,500), according to the 2000 federal census or any subsequent federal census, the provisions of subsection (c) permitting a county to remedy such dangerous conditions shall apply to any parcel of property, including any parcel upon which an owner-occupied residence is located. (3) This subsection (e) shall not apply to subsection (g). (4) Notwithstanding subdivision (e)(1), in any county having a population of not less than twenty-seven thousand seven hundred (27,700) nor more than twenty-seven thousand eight hundred (27,800), according to the 2010 federal census or any subsequent federal census, subsection (c) permitting a county to remedy such dangerous conditions shall apply to any parcel of property, including any parcel upon which an owner-occupied residence is located. (5) Notwithstanding subdivision (e)(1), in any county having a population of not less than seventy-two thousand three hundred (72,300) nor more than seventy-two thousand four hundred (72,400), according to the 2010 federal census or any subsequent federal census, subsection (c) permitting a county to remedy such dangerous conditions shall apply to any parcel of property, including any parcel upon which an owner-occupied residence is located. (6) Notwithstanding subdivision (e)(1), in any county having a population of not less than thirty-eight thousand three hundred (38,300) and not more than thirty-eight thousand four hundred (38,400), according to the 2010 federal census or any subsequent federal census, subsection (c) permitting a county to remedy such dangerous conditions shall apply to any parcel of property, including any parcel upon which an owner-occupied residence is located. (7) Notwithstanding subdivision (e)(1), in any county having a population of not less than fifty-seven thousand four hundred (57,400) and not more than fifty-seven thousand five hundred (57,500), according to the 2010 federal census or any subsequent federal census, subsection (c) permitting a county to remedy such dangerous conditions shall apply to any parcel of property, including any parcel upon which an owner-occupied residence is located.
(1) Except in any county having a population of: not less than nor more than 5,800 6,100 31,500 31,800 40,200 40,500 55,700 56,000 77,800 78,000 92,200 92,500 according to the 1990 federal census or any subsequent federal census, the provisions of subsection (c) permitting a county to remedy such dangerous conditions shall not apply to any parcel of property upon which an owner-occupied residence is located.
not less than nor more than 5,800 6,100 31,500 31,800 40,200 40,500 55,700 56,000 77,800 78,000 92,200 92,500
not less than
nor more than
5,800
6,100
31,500
31,800
40,200
40,500
55,700
56,000
77,800
78,000
92,200
92,500
according to the 1990 federal census or any subsequent federal census, the provisions of subsection (c) permitting a county to remedy such dangerous conditions shall not apply to any parcel of property upon which an owner-occupied residence is located.
(2) Notwithstanding subdivision (e)(1), in any county having a population of not less than sixty-nine thousand four hundred (69,400) nor more than sixty-nine thousand five hundred (69,500), according to the 2000 federal census or any subsequent federal census, the provisions of subsection (c) permitting a county to remedy such dangerous conditions shall apply to any parcel of property, including any parcel upon which an owner-occupied residence is located.
(3) This subsection (e) shall not apply to subsection (g).
(4) Notwithstanding subdivision (e)(1), in any county having a population of not less than twenty-seven thousand seven hundred (27,700) nor more than twenty-seven thousand eight hundred (27,800), according to the 2010 federal census or any subsequent federal census, subsection (c) permitting a county to remedy such dangerous conditions shall apply to any parcel of property, including any parcel upon which an owner-occupied residence is located.
(5) Notwithstanding subdivision (e)(1), in any county having a population of not less than seventy-two thousand three hundred (72,300) nor more than seventy-two thousand four hundred (72,400), according to the 2010 federal census or any subsequent federal census, subsection (c) permitting a county to remedy such dangerous conditions shall apply to any parcel of property, including any parcel upon which an owner-occupied residence is located.
(6) Notwithstanding subdivision (e)(1), in any county having a population of not less than thirty-eight thousand three hundred (38,300) and not more than thirty-eight thousand four hundred (38,400), according to the 2010 federal census or any subsequent federal census, subsection (c) permitting a county to remedy such dangerous conditions shall apply to any parcel of property, including any parcel upon which an owner-occupied residence is located.
(7) Notwithstanding subdivision (e)(1), in any county having a population of not less than fifty-seven thousand four hundred (57,400) and not more than fifty-seven thousand five hundred (57,500), according to the 2010 federal census or any subsequent federal census, subsection (c) permitting a county to remedy such dangerous conditions shall apply to any parcel of property, including any parcel upon which an owner-occupied residence is located.
(f) This section is in addition and supplemental to, and not in substitution for, similar authority in any county's charter or other applicable law.
(g) (1) As used in this subsection (g): (A) "Community organization" means a community-oriented organization or group including, but not limited to, a school group, church youth group, neighborhood preservation nonprofit corporation, or community support group; and (B) "Vacant property" means property on which no building exists or on which a building exists but any such building is no longer utilized for any business, commercial or residential purposes. (2) If a person fails to remedy the condition on vacant property within the time period prescribed by subsection (c), subject to any stay as provided in subsection (d), upon the adoption of a resolution by a two-thirds (2/3) vote of the county legislative body of any county having a population in excess of eight hundred thousand (800,000), according to the 2000 federal census or any subsequent federal census, to implement this subsection (g) within such county, a community organization shall be entitled to petition the county to enter upon such vacant property to remedy the conditions identified in subsection (b). Upon the filing of such a petition, the county is authorized to contract with such community organization for such purposes. The contract shall provide for the manner in which the community organization shall be compensated for remedying the conditions pursuant to such contract. Any county that contracts with a community organization for such purposes shall be absolutely immune from any liability to any and all persons and for damage to the vacant property for conditions remedied by the community organization. No monetary liability and no cause of action of any nature shall arise against the county for acts of omission or commission of such community organization for conditions remedied pursuant to such contract.
(1) As used in this subsection (g): (A) "Community organization" means a community-oriented organization or group including, but not limited to, a school group, church youth group, neighborhood preservation nonprofit corporation, or community support group; and (B) "Vacant property" means property on which no building exists or on which a building exists but any such building is no longer utilized for any business, commercial or residential purposes.
(A) "Community organization" means a community-oriented organization or group including, but not limited to, a school group, church youth group, neighborhood preservation nonprofit corporation, or community support group; and
(B) "Vacant property" means property on which no building exists or on which a building exists but any such building is no longer utilized for any business, commercial or residential purposes.
(2) If a person fails to remedy the condition on vacant property within the time period prescribed by subsection (c), subject to any stay as provided in subsection (d), upon the adoption of a resolution by a two-thirds (2/3) vote of the county legislative body of any county having a population in excess of eight hundred thousand (800,000), according to the 2000 federal census or any subsequent federal census, to implement this subsection (g) within such county, a community organization shall be entitled to petition the county to enter upon such vacant property to remedy the conditions identified in subsection (b). Upon the filing of such a petition, the county is authorized to contract with such community organization for such purposes. The contract shall provide for the manner in which the community organization shall be compensated for remedying the conditions pursuant to such contract. Any county that contracts with a community organization for such purposes shall be absolutely immune from any liability to any and all persons and for damage to the vacant property for conditions remedied by the community organization. No monetary liability and no cause of action of any nature shall arise against the county for acts of omission or commission of such community organization for conditions remedied pursuant to such contract.
Amended by 2018 Tenn. Acts, ch. 815, s 1, eff. 4/27/2018.
Amended by 2017 Tenn. Acts, ch. 303, s 1, eff. 5/5/2017.
Amended by 2016 Tenn. Acts, ch. 681, s 1, eff. 3/24/2016.
Amended by 2015 Tenn. Acts, ch. 258, s 1, eff. 4/24/2015.
Amended by 2014 Tenn. Acts, ch. 963,s 2, eff. 1/1/2015.
Acts 1989, ch. 49, § 1; 1990, ch. 941, §§ 1, 2; 1992, ch. 997, § 1; 1994, ch. 894, §§ 1-3; 1996, ch. 613, § 1; 1999, ch. 53, § 1; 2000, ch. 791, § 1; 2003 , ch. 3, § 1; 2006, ch. 530, § 1; 2010 , ch. 923, §§ 1, 2.
Tenn. Code Ann. § 5-1-310 — TN Code / Title 5 / Chapter 1 / Section 5-1-310
Certified public administrator - Educational incentive payments
Status: in_force

(a) Any full-time county officer enumerated in § 8-24-102 who is designated as a "certified public administrator" pursuant to § 5-1-308 shall receive an annual educational incentive payment from the state treasurer in the amount of three hundred seventy-five dollars ($375), which amount shall be increased by a like amount each year until the official receiving such designation or continuing such designation shall receive an annual incentive amount of one thousand five hundred dollars ($1,500). (b) By no later than August 31 of each year, the University of Tennessee institute for public service's center for government training shall provide the state treasurer with a list of all county officers described in subsection (a) who have successfully completed all levels of the county officials certificate training program (COCTP) for that year. The list shall include the respective address of each such county officer and other information that the state treasurer may deem necessary. (c) The incentive provided for in subsection (a) shall continue to be paid each year to any such county officer; provided, that the officer is included in the list submitted under subsection (b) as having successfully completed the continuing education requirements of the program and all other requirements necessary to maintain the officer's designation as a certified public administrator. (d) The incentive provided for by this section shall be paid by the state treasurer from funds appropriated for that purpose. The incentive shall be paid no later than October 31 of each year. (e) The state treasurer shall offset the amount of any incentive payable to a county officer under this section against any other incentive or payment for professional training or development payable by the state to the officer so that the total amount paid to the officer by the state does not exceed one thousand five hundred dollars ($1,500). The offset provided in this subsection (e) shall not be applicable to incentive compensation payable to assessors of property pursuant to § 67-1-508 , and certified public administrator incentives payable to assessors shall be determined without regard to incentives payable under § 67-1-508 . (f) Notwithstanding this section or any other law to the contrary, the availability or the amount of the incentive authorized by this section shall be subject to the appropriation of funds in each year's general appropriations act for the purposes set forth in this section. If, in any given year, the amount appropriated in that year's general appropriations act is not sufficient to pay each eligible county officer in full, then the amount available shall be prorated by the state treasurer among such officers. Any unpaid portion shall not be carried forward to subsequent years. (g) Any payment made pursuant to this section shall be considered as an incentive for the successful completion of educational training and shall not be considered in determining the county officer's average final compensation for retirement purposes pursuant to title 8, chapters 34-37. Further, the incentive payment shall not be used for the purpose of computing the salary or compensation of any other public official other than the officer receiving the incentive. (h) The incentive provided for by this section shall not be paid retroactively, but shall become effective for the fiscal year beginning July 1, 1998. (i) Each county is encouraged and authorized to provide in its annual budget for payment of an annual educational incentive to employees as defined in § 29-20-102 who attain the designation of a "certified public administrator" pursuant to § 5-1-308 in an amount not to exceed three thousand dollars ($3,000) less any payment received from the state as provided in subsection (a). The incentive provided by this section shall be paid from funds appropriated for such purpose and shall be paid in one (1) payment, no later than October 31. In any county providing such an incentive, the county mayor shall provide to the state treasurer the amount of any educational incentive paid in the county and the number of persons receiving such incentive, which the state treasurer shall compile in an annual report. Acts 1998, ch. 941, § 1; 2001, ch. 405, § 8; 2003, ch. 90, § 2; 2005, ch. 204, §§ 5 - 7; 2007, ch. 184, § 1; 2007, ch. 473, § 1.
(a) Any full-time county officer enumerated in § 8-24-102 who is designated as a "certified public administrator" pursuant to § 5-1-308 shall receive an annual educational incentive payment from the state treasurer in the amount of three hundred seventy-five dollars ($375), which amount shall be increased by a like amount each year until the official receiving such designation or continuing such designation shall receive an annual incentive amount of one thousand five hundred dollars ($1,500).
(b) By no later than August 31 of each year, the University of Tennessee institute for public service's center for government training shall provide the state treasurer with a list of all county officers described in subsection (a) who have successfully completed all levels of the county officials certificate training program (COCTP) for that year. The list shall include the respective address of each such county officer and other information that the state treasurer may deem necessary.
(c) The incentive provided for in subsection (a) shall continue to be paid each year to any such county officer; provided, that the officer is included in the list submitted under subsection (b) as having successfully completed the continuing education requirements of the program and all other requirements necessary to maintain the officer's designation as a certified public administrator.
(d) The incentive provided for by this section shall be paid by the state treasurer from funds appropriated for that purpose. The incentive shall be paid no later than October 31 of each year.
(e) The state treasurer shall offset the amount of any incentive payable to a county officer under this section against any other incentive or payment for professional training or development payable by the state to the officer so that the total amount paid to the officer by the state does not exceed one thousand five hundred dollars ($1,500). The offset provided in this subsection (e) shall not be applicable to incentive compensation payable to assessors of property pursuant to § 67-1-508 , and certified public administrator incentives payable to assessors shall be determined without regard to incentives payable under § 67-1-508 .
(f) Notwithstanding this section or any other law to the contrary, the availability or the amount of the incentive authorized by this section shall be subject to the appropriation of funds in each year's general appropriations act for the purposes set forth in this section. If, in any given year, the amount appropriated in that year's general appropriations act is not sufficient to pay each eligible county officer in full, then the amount available shall be prorated by the state treasurer among such officers. Any unpaid portion shall not be carried forward to subsequent years.
(g) Any payment made pursuant to this section shall be considered as an incentive for the successful completion of educational training and shall not be considered in determining the county officer's average final compensation for retirement purposes pursuant to title 8, chapters 34-37. Further, the incentive payment shall not be used for the purpose of computing the salary or compensation of any other public official other than the officer receiving the incentive.
(h) The incentive provided for by this section shall not be paid retroactively, but shall become effective for the fiscal year beginning July 1, 1998.
(i) Each county is encouraged and authorized to provide in its annual budget for payment of an annual educational incentive to employees as defined in § 29-20-102 who attain the designation of a "certified public administrator" pursuant to § 5-1-308 in an amount not to exceed three thousand dollars ($3,000) less any payment received from the state as provided in subsection (a). The incentive provided by this section shall be paid from funds appropriated for such purpose and shall be paid in one (1) payment, no later than October 31. In any county providing such an incentive, the county mayor shall provide to the state treasurer the amount of any educational incentive paid in the county and the number of persons receiving such incentive, which the state treasurer shall compile in an annual report.
Acts 1998, ch. 941, § 1; 2001, ch. 405, § 8; 2003, ch. 90, § 2; 2005, ch. 204, §§ 5 - 7; 2007, ch. 184, § 1; 2007, ch. 473, § 1.
Tenn. Code Ann. § 5-1-304 — TN Code / Title 5 / Chapter 1 / Section 5-1-304
Levels of training - Credit hours - Curricula certification
Status: in_force

(a) The county officials certificate training program (COCTP) shall be composed of three (3) levels of training: introductory, intermediate, and advanced. (b) At the successful completion of all three (3) levels, a participant shall have accumulated a minimum of one hundred fifteen (115) credit hours of instruction or related association involvement. (c) Curricula shall be offered for certification for the following county offices: county mayor, county legislative body member, county clerk, chief administrative officer of the county highway department, register of deeds, trustee, assessor of property, state court clerks and sheriff. Acts 1989, ch. 303, § 4; 2003, ch. 90, § 2.
(a) The county officials certificate training program (COCTP) shall be composed of three (3) levels of training: introductory, intermediate, and advanced.
(b) At the successful completion of all three (3) levels, a participant shall have accumulated a minimum of one hundred fifteen (115) credit hours of instruction or related association involvement.
(c) Curricula shall be offered for certification for the following county offices: county mayor, county legislative body member, county clerk, chief administrative officer of the county highway department, register of deeds, trustee, assessor of property, state court clerks and sheriff.
Acts 1989, ch. 303, § 4; 2003, ch. 90, § 2.
Tenn. Code Ann. § 5-5-112 — TN Code / Title 5 / Chapter 5 / Section 5-5-112
Voting prohibited if conflict of interest - Opting out of section by resolution
Status: in_force

(a) (1) No member of the legislative body of a county who is also an employee of the same county or whose spouse is an employee of the same county may vote on matters in which such member has a conflict of interest. A conflict of interest is created under this section when a member is voting on a matter which, if approved by the legislative body, would increase the pay or benefits of that member or that member's spouse. (2) Each vote taken by a legislative body of a county that has the effect of increasing the pay or benefits of county employees must be by recorded electronic vote or by roll call vote. (3) The vote of any member having a conflict of interest is void if successfully challenged pursuant to subdivision (a)(4). (4) After each vote is taken that could involve a conflict of interest under subdivision (a)(1) and prior to the vote being announced by the chair, the chair shall ask the members of the legislative body if a member of the legislative body voted in violation of subdivision (a)(1). If the chair finds that a member voted in violation of subdivision (a)(1), the chair shall declare that member's vote void. (b) (1) Subsection (a) shall not prohibit a member of a local governing body of a county from voting on the budget, appropriation resolution, or tax rate resolution, or amendments thereto, unless the vote is on a specific amendment to the budget or a specific appropriation or resolution in which the member has a conflict of interest. (2) If a member of a county governing body who is voting on a proposed budget, appropriation resolution, or tax rate resolution, or amendments thereto, has a conflict of interest under subsection (a) or another existing conflict of interest, then the member must declare the conflict of interest at the meeting prior to casting the member's vote. (c) Any member of a local governing body of a county who abstains from voting for cause on any issue coming to a vote before the body shall not be counted for the purpose of determining a majority vote. This subsection (c) shall not apply to any county having a metropolitan form of government and having a population in excess of five hundred thousand (500,000), according to the 1990 federal census or any subsequent federal census. (d) Nothing in this section alters, amends, or otherwise affects § 12-4-101(a) . In the event of any conflict between this section and § 12-4-101(a) , § 12-4-101(a) shall prevail. (e) The legislative body of any metropolitan form of government or charter form of government may opt out of this section by resolution. Amended by 2024 Tenn. Acts, ch. 798,s 1, eff. 7/1/2024. Amended by 2022 Tenn. Acts, ch. 656, s 1, eff. 3/15/2022. Added by 2016 Tenn. Acts, ch. 1072, s 2, eff. 5/20/2016.
(a) (1) No member of the legislative body of a county who is also an employee of the same county or whose spouse is an employee of the same county may vote on matters in which such member has a conflict of interest. A conflict of interest is created under this section when a member is voting on a matter which, if approved by the legislative body, would increase the pay or benefits of that member or that member's spouse. (2) Each vote taken by a legislative body of a county that has the effect of increasing the pay or benefits of county employees must be by recorded electronic vote or by roll call vote. (3) The vote of any member having a conflict of interest is void if successfully challenged pursuant to subdivision (a)(4). (4) After each vote is taken that could involve a conflict of interest under subdivision (a)(1) and prior to the vote being announced by the chair, the chair shall ask the members of the legislative body if a member of the legislative body voted in violation of subdivision (a)(1). If the chair finds that a member voted in violation of subdivision (a)(1), the chair shall declare that member's vote void.
(1) No member of the legislative body of a county who is also an employee of the same county or whose spouse is an employee of the same county may vote on matters in which such member has a conflict of interest. A conflict of interest is created under this section when a member is voting on a matter which, if approved by the legislative body, would increase the pay or benefits of that member or that member's spouse.
(2) Each vote taken by a legislative body of a county that has the effect of increasing the pay or benefits of county employees must be by recorded electronic vote or by roll call vote.
(3) The vote of any member having a conflict of interest is void if successfully challenged pursuant to subdivision (a)(4).
(4) After each vote is taken that could involve a conflict of interest under subdivision (a)(1) and prior to the vote being announced by the chair, the chair shall ask the members of the legislative body if a member of the legislative body voted in violation of subdivision (a)(1). If the chair finds that a member voted in violation of subdivision (a)(1), the chair shall declare that member's vote void.
(b) (1) Subsection (a) shall not prohibit a member of a local governing body of a county from voting on the budget, appropriation resolution, or tax rate resolution, or amendments thereto, unless the vote is on a specific amendment to the budget or a specific appropriation or resolution in which the member has a conflict of interest. (2) If a member of a county governing body who is voting on a proposed budget, appropriation resolution, or tax rate resolution, or amendments thereto, has a conflict of interest under subsection (a) or another existing conflict of interest, then the member must declare the conflict of interest at the meeting prior to casting the member's vote.
(1) Subsection (a) shall not prohibit a member of a local governing body of a county from voting on the budget, appropriation resolution, or tax rate resolution, or amendments thereto, unless the vote is on a specific amendment to the budget or a specific appropriation or resolution in which the member has a conflict of interest.
(2) If a member of a county governing body who is voting on a proposed budget, appropriation resolution, or tax rate resolution, or amendments thereto, has a conflict of interest under subsection (a) or another existing conflict of interest, then the member must declare the conflict of interest at the meeting prior to casting the member's vote.
(c) Any member of a local governing body of a county who abstains from voting for cause on any issue coming to a vote before the body shall not be counted for the purpose of determining a majority vote. This subsection (c) shall not apply to any county having a metropolitan form of government and having a population in excess of five hundred thousand (500,000), according to the 1990 federal census or any subsequent federal census.
(d) Nothing in this section alters, amends, or otherwise affects § 12-4-101(a) . In the event of any conflict between this section and § 12-4-101(a) , § 12-4-101(a) shall prevail.
(e) The legislative body of any metropolitan form of government or charter form of government may opt out of this section by resolution.
Amended by 2024 Tenn. Acts, ch. 798,s 1, eff. 7/1/2024.
Amended by 2022 Tenn. Acts, ch. 656, s 1, eff. 3/15/2022.
Added by 2016 Tenn. Acts, ch. 1072, s 2, eff. 5/20/2016.
Tenn. Code Ann. § 5-8-201 — TN Code / Title 5 / Chapter 8 / Section 5-8-201
Deposits authorized - Finance committee - Securing of funds
Status: in_force

(a) (1) The county legislative body in regular session assembled, a quorum being present, is authorized to adopt a resolution to contract with a bank or banks making the highest and best bid or bids to pay interest on daily balances of the county's funds; and to appoint three (3) of its members, who, in conjunction with the county trustee and county mayor, shall constitute the county finance committee, with the county mayor as chair of the committee. (2) Before making any such contract, the trustee shall receive the bids from the banks and shall file an analysis of the bids that have been submitted with the county clerk who shall provide a copy of this report to each member of the county legislative body on or before the next meeting of the county legislative body. The analysis shall recommend the bank making the highest and best bid or bids to pay interest on daily balances of the county's funds, considering the lowest service charges, and considering other factors affecting safety and liquidity of county moneys. (b) Any county shall require any financial institution that becomes a depository of county funds to secure such funds as provided in a collateral pool created under title 9, chapter 4, part 5, or in the same manner and under the same conditions as state deposits under title 9, chapter 4, parts 1 and 4. (c) If the county finance committee does not have a contract with a bank or other financial institution, the county trustee may contract with a bank or banks or other financial institutions for deposit, safekeeping, and earning of interest on daily balances of the county's funds, according to the same terms as are required by this section for a county finance committee. Additionally, the county trustee is authorized to enter into such agreements with banks and other financial institutions as necessary for the maintenance of collateral to secure the daily balances of the county's funds on deposit with banks or other financial institutions. (d) Notwithstanding any general law or private act to the contrary, at least once every four (4) years and not less than once every term of office, the county trustee shall evaluate whether the contract entered into pursuant to this section should be rebid. The evaluation shall be based on obtaining proposals from at least two (2) banks or other financial institutions. The trustee shall prepare a written evaluation of the proposals and preserve the evaluation for a period of not less than three (3) years. Acts 1909, ch. 305, § 1; Shan., § 647a1; Code 1932, § 1039; Acts 1977, ch. 435, § 1; impl. am. Acts 1978, ch. 934, §§ 7, 16, 36; impl. am. Acts 1978, ch. 934, § 12; T.C.A. (orig. ed.), § 5-810; Acts 1992, ch. 592, §§ 1-5; 1993, ch. 315, §§ 9, 15; 1994, ch. 752, § 1; 2003, ch. 90, § 2; 2008, ch. 899, § 1.
(a) (1) The county legislative body in regular session assembled, a quorum being present, is authorized to adopt a resolution to contract with a bank or banks making the highest and best bid or bids to pay interest on daily balances of the county's funds; and to appoint three (3) of its members, who, in conjunction with the county trustee and county mayor, shall constitute the county finance committee, with the county mayor as chair of the committee. (2) Before making any such contract, the trustee shall receive the bids from the banks and shall file an analysis of the bids that have been submitted with the county clerk who shall provide a copy of this report to each member of the county legislative body on or before the next meeting of the county legislative body. The analysis shall recommend the bank making the highest and best bid or bids to pay interest on daily balances of the county's funds, considering the lowest service charges, and considering other factors affecting safety and liquidity of county moneys.
(1) The county legislative body in regular session assembled, a quorum being present, is authorized to adopt a resolution to contract with a bank or banks making the highest and best bid or bids to pay interest on daily balances of the county's funds; and to appoint three (3) of its members, who, in conjunction with the county trustee and county mayor, shall constitute the county finance committee, with the county mayor as chair of the committee.
(2) Before making any such contract, the trustee shall receive the bids from the banks and shall file an analysis of the bids that have been submitted with the county clerk who shall provide a copy of this report to each member of the county legislative body on or before the next meeting of the county legislative body. The analysis shall recommend the bank making the highest and best bid or bids to pay interest on daily balances of the county's funds, considering the lowest service charges, and considering other factors affecting safety and liquidity of county moneys.
(b) Any county shall require any financial institution that becomes a depository of county funds to secure such funds as provided in a collateral pool created under title 9, chapter 4, part 5, or in the same manner and under the same conditions as state deposits under title 9, chapter 4, parts 1 and 4.
(c) If the county finance committee does not have a contract with a bank or other financial institution, the county trustee may contract with a bank or banks or other financial institutions for deposit, safekeeping, and earning of interest on daily balances of the county's funds, according to the same terms as are required by this section for a county finance committee. Additionally, the county trustee is authorized to enter into such agreements with banks and other financial institutions as necessary for the maintenance of collateral to secure the daily balances of the county's funds on deposit with banks or other financial institutions.
(d) Notwithstanding any general law or private act to the contrary, at least once every four (4) years and not less than once every term of office, the county trustee shall evaluate whether the contract entered into pursuant to this section should be rebid. The evaluation shall be based on obtaining proposals from at least two (2) banks or other financial institutions. The trustee shall prepare a written evaluation of the proposals and preserve the evaluation for a period of not less than three (3) years.
Acts 1909, ch. 305, § 1; Shan., § 647a1; Code 1932, § 1039; Acts 1977, ch. 435, § 1; impl. am. Acts 1978, ch. 934, §§ 7, 16, 36; impl. am. Acts 1978, ch. 934, § 12; T.C.A. (orig. ed.), § 5-810; Acts 1992, ch. 592, §§ 1-5; 1993, ch. 315, §§ 9, 15; 1994, ch. 752, § 1; 2003, ch. 90, § 2; 2008, ch. 899, § 1.
Tenn. Code Ann. § 5-23-108 — TN Code / Title 5 / Chapter 23 / Section 5-23-108
Existing authority to be retained by officials
Status: in_force

Elected or appointed officials, boards and department heads shall retain their present authority to make decisions and adopt policies that are not in conflict with this chapter, including, but not limited to, matters concerning hiring, compensation, promotions, transfers, layoffs, discipline, termination, and other employment matters for the employees of their respective offices. Nothing in this chapter shall be construed as authorization for establishing systems of seniority, tenure, or classified service, nor for creating contracts of employment or establishing the terms thereof. Nothing in this chapter or any of the policies adopted pursuant to this chapter shall be construed to affect the employment-at-will status of any county employee or otherwise create any contractual obligation on the part of the county as employer. Acts 1997, ch. 361, § 8.
Elected or appointed officials, boards and department heads shall retain their present authority to make decisions and adopt policies that are not in conflict with this chapter, including, but not limited to, matters concerning hiring, compensation, promotions, transfers, layoffs, discipline, termination, and other employment matters for the employees of their respective offices. Nothing in this chapter shall be construed as authorization for establishing systems of seniority, tenure, or classified service, nor for creating contracts of employment or establishing the terms thereof. Nothing in this chapter or any of the policies adopted pursuant to this chapter shall be construed to affect the employment-at-will status of any county employee or otherwise create any contractual obligation on the part of the county as employer.
Acts 1997, ch. 361, § 8.
Tenn. Code Ann. § 5-21-116 — TN Code / Title 5 / Chapter 21 / Section 5-21-116
Disbursement warrants
Status: in_force

(a) All disbursement warrants drawn on the county trustee for the obligations of all county departments, agencies, and officials, including the county mayor, the county highway department, and the county department of education, shall be signed as provided in this section. (b) (1) The disbursement warrants shall be prepared in the finance department, and provided to each department for signing. (2) Upon preparation of such warrant by the finance department, the department head signing the disbursement warrant shall keep one (1) copy for filing in such department. (3) The original and all other copies of such warrant shall be returned to the director for such director's signature as a cosigner and for filing and mailing from the finance department. (4) A duplicate copy of all disbursement warrants, with all original invoices and other supporting documents attached thereto, shall be kept on file in the office of the director. (c) (1) In lieu of each department agency or official signing disbursement warrants, the departments may authorize the director to use a signature plate in accordance with the general law and approval by the comptroller of the treasury. (2) If such signature plate is used, it shall be locked in a safe place when not in use and supervised by the person responsible for its safekeeping when in use. (3) A record shall be maintained indicating when the signature plate is used, numbers of the warrants signed, and the person using such plate. Acts 1981, ch. 325, §16; 2003 , ch. 90, § 2.
(a) All disbursement warrants drawn on the county trustee for the obligations of all county departments, agencies, and officials, including the county mayor, the county highway department, and the county department of education, shall be signed as provided in this section.
(b) (1) The disbursement warrants shall be prepared in the finance department, and provided to each department for signing. (2) Upon preparation of such warrant by the finance department, the department head signing the disbursement warrant shall keep one (1) copy for filing in such department. (3) The original and all other copies of such warrant shall be returned to the director for such director's signature as a cosigner and for filing and mailing from the finance department. (4) A duplicate copy of all disbursement warrants, with all original invoices and other supporting documents attached thereto, shall be kept on file in the office of the director.
(1) The disbursement warrants shall be prepared in the finance department, and provided to each department for signing.
(2) Upon preparation of such warrant by the finance department, the department head signing the disbursement warrant shall keep one (1) copy for filing in such department.
(3) The original and all other copies of such warrant shall be returned to the director for such director's signature as a cosigner and for filing and mailing from the finance department.
(4) A duplicate copy of all disbursement warrants, with all original invoices and other supporting documents attached thereto, shall be kept on file in the office of the director.
(c) (1) In lieu of each department agency or official signing disbursement warrants, the departments may authorize the director to use a signature plate in accordance with the general law and approval by the comptroller of the treasury. (2) If such signature plate is used, it shall be locked in a safe place when not in use and supervised by the person responsible for its safekeeping when in use. (3) A record shall be maintained indicating when the signature plate is used, numbers of the warrants signed, and the person using such plate.
(1) In lieu of each department agency or official signing disbursement warrants, the departments may authorize the director to use a signature plate in accordance with the general law and approval by the comptroller of the treasury.
(2) If such signature plate is used, it shall be locked in a safe place when not in use and supervised by the person responsible for its safekeeping when in use.
(3) A record shall be maintained indicating when the signature plate is used, numbers of the warrants signed, and the person using such plate.
Acts 1981, ch. 325, §16; 2003 , ch. 90, § 2.
Tenn. Code Ann. § 5-12-105 — TN Code / Title 5 / Chapter 12 / Section 5-12-105
Fiscal year - Timeline and budgetary process for LEA
Status: in_force

(a) There is hereby created a fiscal year for the counties and for each office, department, institution, activity and agency thereof, which fiscal year shall begin on July 1 of each year and shall end on June 30 next following. (b) The fiscal year shall constitute the budget year, and the year for accounting and reporting of each and every fund, office, department, institution, activity and agency of the county government; but this subsection (b) shall be in addition to, and not in lieu of, any accounting and reporting now required of any official by general law. (c) If the county legislative body adopts a timeline and budgetary procedures for the county, then the estimates and budget proposals provided for in § 5-12-106 shall be filed in accordance with that timeline; provided, however, the timeline for the budget of the local education agency (LEA) shall be established by the county legislative body with the concurrence of the county board of education. (d) In the absence of a locally adopted schedule and procedures pursuant to subsection (c), the budgetary procedures for the county shall follow the following timeline: (1) No later than February 1, the director of accounts and budgets shall deliver forms for all budget requests to all departments, commissions, institutions, boards, offices, and agencies; (2) No later than March 1, all departments, commissions, institutions, boards, offices, and agencies except the local board of education shall deliver the appropriate estimates and budget request to the director of accounts and budgets; (3) (A) No later than April 1, the county budget committee shall vote upon the proposed budget and the director of accounts and budgets shall notify the department, commission, institution, board, office, or agency whether the county budget committee approves or rejects the proposed budget; (B) If approved, the director of accounts and budgets shall immediately forward the proposed budget to the county legislative body for consideration; or (C) If rejected, the department, commission, institution, board, office, or agency shall submit a revised budget proposal to the director of accounts and budgets within ten (10) business days after receipt of notice that the budget proposal was rejected. (4) No later than May 1, each LEA shall submit a proposed budget to the director of accounts and budgets; provided that, the LEA may amend the proposed budget after May 1; (5) (A) No later than June 1, the county budget committee shall vote upon the proposed budget and the director of accounts and budgets shall notify the LEA whether the county budget committee approves or rejects the LEA's proposed budget; (B) If approved, the director of accounts and budgets shall immediately forward the proposed budget to the county legislative body for consideration; or (C) If rejected, the LEA shall submit a revised budget proposal to the director of accounts and budgets within ten (10) business days after receipt of notice that the budget proposal was rejected; (6) If the county budget committee of the local governing body rejects the first and second budget proposals from any department, commission, institution, board, office, or agency, then the third and any subsequent proposals shall be delivered directly to the county legislative body which shall approve or reject the proposal within ten (10) business days of the body's receipt of the amended proposal; and (7) If rejected, the department, commission, institution, board, office, or agency shall submit a revised budget proposal to the county legislative body within ten (10) business days after receipt of notice that the budget proposal was rejected. (e) The timeline and budgetary process pursuant to this section may be waived or altered, if agreed upon by the county legislative body and the respective department, commission, institution, board, office, or agency. Amended by 2016 Tenn. Acts, ch. 1080,s 4, eff. 1/1/2017. Acts 1957, ch. 291, § 5; T.C.A., § 5-1205.
(a) There is hereby created a fiscal year for the counties and for each office, department, institution, activity and agency thereof, which fiscal year shall begin on July 1 of each year and shall end on June 30 next following.
(b) The fiscal year shall constitute the budget year, and the year for accounting and reporting of each and every fund, office, department, institution, activity and agency of the county government; but this subsection (b) shall be in addition to, and not in lieu of, any accounting and reporting now required of any official by general law.
(c) If the county legislative body adopts a timeline and budgetary procedures for the county, then the estimates and budget proposals provided for in § 5-12-106 shall be filed in accordance with that timeline; provided, however, the timeline for the budget of the local education agency (LEA) shall be established by the county legislative body with the concurrence of the county board of education.
(d) In the absence of a locally adopted schedule and procedures pursuant to subsection (c), the budgetary procedures for the county shall follow the following timeline: (1) No later than February 1, the director of accounts and budgets shall deliver forms for all budget requests to all departments, commissions, institutions, boards, offices, and agencies; (2) No later than March 1, all departments, commissions, institutions, boards, offices, and agencies except the local board of education shall deliver the appropriate estimates and budget request to the director of accounts and budgets; (3) (A) No later than April 1, the county budget committee shall vote upon the proposed budget and the director of accounts and budgets shall notify the department, commission, institution, board, office, or agency whether the county budget committee approves or rejects the proposed budget; (B) If approved, the director of accounts and budgets shall immediately forward the proposed budget to the county legislative body for consideration; or (C) If rejected, the department, commission, institution, board, office, or agency shall submit a revised budget proposal to the director of accounts and budgets within ten (10) business days after receipt of notice that the budget proposal was rejected. (4) No later than May 1, each LEA shall submit a proposed budget to the director of accounts and budgets; provided that, the LEA may amend the proposed budget after May 1; (5) (A) No later than June 1, the county budget committee shall vote upon the proposed budget and the director of accounts and budgets shall notify the LEA whether the county budget committee approves or rejects the LEA's proposed budget; (B) If approved, the director of accounts and budgets shall immediately forward the proposed budget to the county legislative body for consideration; or (C) If rejected, the LEA shall submit a revised budget proposal to the director of accounts and budgets within ten (10) business days after receipt of notice that the budget proposal was rejected; (6) If the county budget committee of the local governing body rejects the first and second budget proposals from any department, commission, institution, board, office, or agency, then the third and any subsequent proposals shall be delivered directly to the county legislative body which shall approve or reject the proposal within ten (10) business days of the body's receipt of the amended proposal; and (7) If rejected, the department, commission, institution, board, office, or agency shall submit a revised budget proposal to the county legislative body within ten (10) business days after receipt of notice that the budget proposal was rejected.
(1) No later than February 1, the director of accounts and budgets shall deliver forms for all budget requests to all departments, commissions, institutions, boards, offices, and agencies;
(2) No later than March 1, all departments, commissions, institutions, boards, offices, and agencies except the local board of education shall deliver the appropriate estimates and budget request to the director of accounts and budgets;
(3) (A) No later than April 1, the county budget committee shall vote upon the proposed budget and the director of accounts and budgets shall notify the department, commission, institution, board, office, or agency whether the county budget committee approves or rejects the proposed budget; (B) If approved, the director of accounts and budgets shall immediately forward the proposed budget to the county legislative body for consideration; or (C) If rejected, the department, commission, institution, board, office, or agency shall submit a revised budget proposal to the director of accounts and budgets within ten (10) business days after receipt of notice that the budget proposal was rejected.
(A) No later than April 1, the county budget committee shall vote upon the proposed budget and the director of accounts and budgets shall notify the department, commission, institution, board, office, or agency whether the county budget committee approves or rejects the proposed budget;
(B) If approved, the director of accounts and budgets shall immediately forward the proposed budget to the county legislative body for consideration; or
(C) If rejected, the department, commission, institution, board, office, or agency shall submit a revised budget proposal to the director of accounts and budgets within ten (10) business days after receipt of notice that the budget proposal was rejected.
(4) No later than May 1, each LEA shall submit a proposed budget to the director of accounts and budgets; provided that, the LEA may amend the proposed budget after May 1;
(5) (A) No later than June 1, the county budget committee shall vote upon the proposed budget and the director of accounts and budgets shall notify the LEA whether the county budget committee approves or rejects the LEA's proposed budget; (B) If approved, the director of accounts and budgets shall immediately forward the proposed budget to the county legislative body for consideration; or (C) If rejected, the LEA shall submit a revised budget proposal to the director of accounts and budgets within ten (10) business days after receipt of notice that the budget proposal was rejected;
(A) No later than June 1, the county budget committee shall vote upon the proposed budget and the director of accounts and budgets shall notify the LEA whether the county budget committee approves or rejects the LEA's proposed budget;
(B) If approved, the director of accounts and budgets shall immediately forward the proposed budget to the county legislative body for consideration; or
(C) If rejected, the LEA shall submit a revised budget proposal to the director of accounts and budgets within ten (10) business days after receipt of notice that the budget proposal was rejected;
(6) If the county budget committee of the local governing body rejects the first and second budget proposals from any department, commission, institution, board, office, or agency, then the third and any subsequent proposals shall be delivered directly to the county legislative body which shall approve or reject the proposal within ten (10) business days of the body's receipt of the amended proposal; and
(7) If rejected, the department, commission, institution, board, office, or agency shall submit a revised budget proposal to the county legislative body within ten (10) business days after receipt of notice that the budget proposal was rejected.
(e) The timeline and budgetary process pursuant to this section may be waived or altered, if agreed upon by the county legislative body and the respective department, commission, institution, board, office, or agency.
Amended by 2016 Tenn. Acts, ch. 1080,s 4, eff. 1/1/2017.
Acts 1957, ch. 291, § 5; T.C.A., § 5-1205.
Tenn. Code Ann. § 5-9-310 — TN Code / Title 5 / Chapter 9 / Section 5-9-310
Bills of cost - Disallowance
Status: in_force

(a) The county mayor, after the bills referred to in § 5-9-308 have been examined and approved by the judge and district attorney general, is granted full power, and it is made the county mayor's duty, to examine into, inspect and audit all bills of cost accruing against the county, and disallow any part of the bills of cost that may be illegally or wrongfully taxed against the county. (b) The county mayor may disallow any and all costs taxed against the county on account of malicious, frivolous, or unnecessary prosecution, in the event the judge and district attorney general should, by mistake or otherwise, approve any of such bills. Acts 1891 (Ex. Sess.), ch. 22, § 5; Shan., § 674; mod. Code 1932, § 1070; impl. am. Acts 1978, ch. 934, §§ 16, 36; T.C.A. (orig. ed.), § 5-919; Acts 2003, ch. 90, § 2.
(a) The county mayor, after the bills referred to in § 5-9-308 have been examined and approved by the judge and district attorney general, is granted full power, and it is made the county mayor's duty, to examine into, inspect and audit all bills of cost accruing against the county, and disallow any part of the bills of cost that may be illegally or wrongfully taxed against the county.
(b) The county mayor may disallow any and all costs taxed against the county on account of malicious, frivolous, or unnecessary prosecution, in the event the judge and district attorney general should, by mistake or otherwise, approve any of such bills.
Acts 1891 (Ex. Sess.), ch. 22, § 5; Shan., § 674; mod. Code 1932, § 1070; impl. am. Acts 1978, ch. 934, §§ 16, 36; T.C.A. (orig. ed.), § 5-919; Acts 2003, ch. 90, § 2.
Tenn. Code Ann. § 5-8-205 — TN Code / Title 5 / Chapter 8 / Section 5-8-205
Liability of trustee
Status: in_force

From the date of the deposit, which shall be evidenced by the bank book, the county trustee shall be released from liability for losses to the county in consequence of the contract and deposit; but should the county trustee fail or refuse specifically to obey the order specified in § 5-8-203 , the county trustee shall be held liable not only for the money collected and not so deposited, but for the interest on the funds mentioned in the contract, and as a penalty shall be liable for further interest equal in amount of the interest contracted for, all of which may be recovered by suit; and when collected the interest paid as penalty shall become the property of the contracting bank or banks, and the balance of the fund recovered, together with the cost, shall be paid to the county. Acts 1909, ch. 305, § 5; Shan., § 647a5; Code 1932, § 1043; T.C.A. (orig. ed.), § 5-814.
From the date of the deposit, which shall be evidenced by the bank book, the county trustee shall be released from liability for losses to the county in consequence of the contract and deposit; but should the county trustee fail or refuse specifically to obey the order specified in § 5-8-203 , the county trustee shall be held liable not only for the money collected and not so deposited, but for the interest on the funds mentioned in the contract, and as a penalty shall be liable for further interest equal in amount of the interest contracted for, all of which may be recovered by suit; and when collected the interest paid as penalty shall become the property of the contracting bank or banks, and the balance of the fund recovered, together with the cost, shall be paid to the county.
Acts 1909, ch. 305, § 5; Shan., § 647a5; Code 1932, § 1043; T.C.A. (orig. ed.), § 5-814.
Tenn. Code Ann. § 5-1-215 — TN Code / Title 5 / Chapter 1 / Section 5-1-215
Financial policy on debt required for certain counties
Status: in_force

The county legislative body of any county having a charter form of government that has a population in excess of eight hundred thousand (800,000), according to the 1990 federal census or any subsequent federal census, shall adopt a financial policy establishing guidelines and goals in regard to the amount and type of debt issued by or on behalf of such county. Such policy shall be adopted within one (1) year from May 30, 2001. Acts 2001, ch. 326, § 1.
The county legislative body of any county having a charter form of government that has a population in excess of eight hundred thousand (800,000), according to the 1990 federal census or any subsequent federal census, shall adopt a financial policy establishing guidelines and goals in regard to the amount and type of debt issued by or on behalf of such county. Such policy shall be adopted within one (1) year from May 30, 2001.
Acts 2001, ch. 326, § 1.
Tenn. Code Ann. § 5-7-114 — TN Code / Title 5 / Chapter 7 / Section 5-7-114
Replacement of courthouse or jail - Deed conveying old site
Status: in_force

Any deed of conveyance of the old site of the prison or courthouse, made by the project superintendents, duly proved or acknowledged and registered, shall be effectual to vest a valid title in the purchaser. Code 1858, § 417 (deriv. Acts 1835-1836, ch. 34, § 4); Shan., § 509; Code 1932, § 761; Acts 1979, ch. 12, § 2; T.C.A. (orig. ed.), § 5-714.
Any deed of conveyance of the old site of the prison or courthouse, made by the project superintendents, duly proved or acknowledged and registered, shall be effectual to vest a valid title in the purchaser.
Code 1858, § 417 (deriv. Acts 1835-1836, ch. 34, § 4); Shan., § 509; Code 1932, § 761; Acts 1979, ch. 12, § 2; T.C.A. (orig. ed.), § 5-714.
Tenn. Code Ann. § 5-5-102 — TN Code / Title 5 / Chapter 5 / Section 5-5-102
Membership
Status: in_force

(a) (1) The county legislative body shall be composed of not less than nine (9) nor more than twenty-five (25) members. (2) There shall be at least nine (9) districts in the county legislative body in any county designated as a Class 2 county before January 1, 1999, as established by § 8-24-101 . (b) (1) Members shall reside within and be qualified voters of the districts that they represent. (2) To qualify for the office of county legislative body, a candidate must also be a resident of the county for one (1) year prior to the date of the qualifying deadline. (c) (1) Notwithstanding any provision of the law to the contrary, any county employee, otherwise qualified to serve as a member of the county legislative body, shall not be disqualified from such legislative office by reason of being a county employee. (2) No person elected or appointed to fill the office of county mayor, sheriff, trustee, register, county clerk, assessor of property, or any other county-wide office filled by vote of the people or the county legislative body, shall also be nominated for or elected to membership in the county legislative body. After June 18, 2005, a director of schools shall not be qualified to serve as a member of the county legislative body. (3) (A) Upon approval under subdivision (c)(3)(C), a member of a county governing body shall not simultaneously serve as a member of the governing body of a municipality within the county for whom the member is a commissioner during the member's term of office. (B) Notwithstanding subdivision (c)(3)(A), a member of a county governing body simultaneously serving on the governing body of a municipality on April 22, 2024, may serve out the remainder of the member's terms of office. (C) This subdivision (c)(3) applies to each county with a population of more than two hundred thousand (200,000), according to the 2020 or a subsequent federal census, and that approves this subdivision (c)(3) by a two-thirds (2/3) vote of the entire county governing body. (D) As used in this subdivision (c)(3), "municipality" means an incorporated city or town. (d) No more than three (3) members shall be elected from any one (1) district. (e) (1) Members shall serve terms of four (4) years or until their successors are elected and qualified. (2) Members of the county legislative body shall be elected in the regular August election in 1978 and every four (4) years thereafter. (f) The members of the county legislative body shall be known individually as county commissioners and collectively as the board of county commissioners. (g) The term of office for members of the county legislative body shall begin on September 1 next succeeding their election. (h) (1) The county legislative body shall have discretionary authority to determine whether each office in multi-member districts will be separately designated on the ballot, with candidates required to run and to be elected on the basis of such separately designated offices within the district. (2) No candidate shall qualify for more than one (1) such separately designated office within a multi-member district. (3) In any county designated as a Class 2 county before January 1, 1999, as established by § 8-24-101 , each office in multi-member districts shall be separately designated on the ballot, and candidates shall run and be elected on the basis of such separately designated offices within the district. (i) If a vacancy shall occur in the office of a member of the county legislative body, the vacancy shall be filled as provided for in § 5-1-104(b) . Amended by 2024 Tenn. Acts, ch. 763,s 1, eff. 4/22/2024. Amended by 2022 Tenn. Acts, ch. 809, s 1, eff. 9/1/2022. Amended by 2016 Tenn. Acts, ch. 1072, s 1, eff. 5/20/2016. Acts 1978, ch. 934, §§ 8, 10; 1979, ch. 175, § 1; T.C.A., § 5-502; Acts 1980, ch. 658, § 1; 1980, ch. 785, § 1; 1981, ch. 143, § 1; 1981, ch. 219, § 1; 1981, ch. 293, § 1; 1981, ch. 318, § 2; 1986, ch. 765, §§ 1-3; 2001, ch. 86, §§ 1, 2; 2003 , ch. 90, § 2; 2005, ch. 471, § 1; 2008 , ch. 871, § 2.
(a) (1) The county legislative body shall be composed of not less than nine (9) nor more than twenty-five (25) members. (2) There shall be at least nine (9) districts in the county legislative body in any county designated as a Class 2 county before January 1, 1999, as established by § 8-24-101 .
(1) The county legislative body shall be composed of not less than nine (9) nor more than twenty-five (25) members.
(2) There shall be at least nine (9) districts in the county legislative body in any county designated as a Class 2 county before January 1, 1999, as established by § 8-24-101 .
(b) (1) Members shall reside within and be qualified voters of the districts that they represent. (2) To qualify for the office of county legislative body, a candidate must also be a resident of the county for one (1) year prior to the date of the qualifying deadline.
(1) Members shall reside within and be qualified voters of the districts that they represent.
(2) To qualify for the office of county legislative body, a candidate must also be a resident of the county for one (1) year prior to the date of the qualifying deadline.
(c) (1) Notwithstanding any provision of the law to the contrary, any county employee, otherwise qualified to serve as a member of the county legislative body, shall not be disqualified from such legislative office by reason of being a county employee. (2) No person elected or appointed to fill the office of county mayor, sheriff, trustee, register, county clerk, assessor of property, or any other county-wide office filled by vote of the people or the county legislative body, shall also be nominated for or elected to membership in the county legislative body. After June 18, 2005, a director of schools shall not be qualified to serve as a member of the county legislative body. (3) (A) Upon approval under subdivision (c)(3)(C), a member of a county governing body shall not simultaneously serve as a member of the governing body of a municipality within the county for whom the member is a commissioner during the member's term of office. (B) Notwithstanding subdivision (c)(3)(A), a member of a county governing body simultaneously serving on the governing body of a municipality on April 22, 2024, may serve out the remainder of the member's terms of office. (C) This subdivision (c)(3) applies to each county with a population of more than two hundred thousand (200,000), according to the 2020 or a subsequent federal census, and that approves this subdivision (c)(3) by a two-thirds (2/3) vote of the entire county governing body. (D) As used in this subdivision (c)(3), "municipality" means an incorporated city or town.
(1) Notwithstanding any provision of the law to the contrary, any county employee, otherwise qualified to serve as a member of the county legislative body, shall not be disqualified from such legislative office by reason of being a county employee.
(2) No person elected or appointed to fill the office of county mayor, sheriff, trustee, register, county clerk, assessor of property, or any other county-wide office filled by vote of the people or the county legislative body, shall also be nominated for or elected to membership in the county legislative body. After June 18, 2005, a director of schools shall not be qualified to serve as a member of the county legislative body.
(3) (A) Upon approval under subdivision (c)(3)(C), a member of a county governing body shall not simultaneously serve as a member of the governing body of a municipality within the county for whom the member is a commissioner during the member's term of office. (B) Notwithstanding subdivision (c)(3)(A), a member of a county governing body simultaneously serving on the governing body of a municipality on April 22, 2024, may serve out the remainder of the member's terms of office. (C) This subdivision (c)(3) applies to each county with a population of more than two hundred thousand (200,000), according to the 2020 or a subsequent federal census, and that approves this subdivision (c)(3) by a two-thirds (2/3) vote of the entire county governing body. (D) As used in this subdivision (c)(3), "municipality" means an incorporated city or town.
(A) Upon approval under subdivision (c)(3)(C), a member of a county governing body shall not simultaneously serve as a member of the governing body of a municipality within the county for whom the member is a commissioner during the member's term of office.
(B) Notwithstanding subdivision (c)(3)(A), a member of a county governing body simultaneously serving on the governing body of a municipality on April 22, 2024, may serve out the remainder of the member's terms of office.
(C) This subdivision (c)(3) applies to each county with a population of more than two hundred thousand (200,000), according to the 2020 or a subsequent federal census, and that approves this subdivision (c)(3) by a two-thirds (2/3) vote of the entire county governing body.
(D) As used in this subdivision (c)(3), "municipality" means an incorporated city or town.
(d) No more than three (3) members shall be elected from any one (1) district.
(e) (1) Members shall serve terms of four (4) years or until their successors are elected and qualified. (2) Members of the county legislative body shall be elected in the regular August election in 1978 and every four (4) years thereafter.
(1) Members shall serve terms of four (4) years or until their successors are elected and qualified.
(2) Members of the county legislative body shall be elected in the regular August election in 1978 and every four (4) years thereafter.
(f) The members of the county legislative body shall be known individually as county commissioners and collectively as the board of county commissioners.
(g) The term of office for members of the county legislative body shall begin on September 1 next succeeding their election.
(h) (1) The county legislative body shall have discretionary authority to determine whether each office in multi-member districts will be separately designated on the ballot, with candidates required to run and to be elected on the basis of such separately designated offices within the district. (2) No candidate shall qualify for more than one (1) such separately designated office within a multi-member district. (3) In any county designated as a Class 2 county before January 1, 1999, as established by § 8-24-101 , each office in multi-member districts shall be separately designated on the ballot, and candidates shall run and be elected on the basis of such separately designated offices within the district.
(1) The county legislative body shall have discretionary authority to determine whether each office in multi-member districts will be separately designated on the ballot, with candidates required to run and to be elected on the basis of such separately designated offices within the district.
(2) No candidate shall qualify for more than one (1) such separately designated office within a multi-member district.
(3) In any county designated as a Class 2 county before January 1, 1999, as established by § 8-24-101 , each office in multi-member districts shall be separately designated on the ballot, and candidates shall run and be elected on the basis of such separately designated offices within the district.
(i) If a vacancy shall occur in the office of a member of the county legislative body, the vacancy shall be filled as provided for in § 5-1-104(b) .
Amended by 2024 Tenn. Acts, ch. 763,s 1, eff. 4/22/2024.
Amended by 2022 Tenn. Acts, ch. 809, s 1, eff. 9/1/2022.
Amended by 2016 Tenn. Acts, ch. 1072, s 1, eff. 5/20/2016.
Acts 1978, ch. 934, §§ 8, 10; 1979, ch. 175, § 1; T.C.A., § 5-502; Acts 1980, ch. 658, § 1; 1980, ch. 785, § 1; 1981, ch. 143, § 1; 1981, ch. 219, § 1; 1981, ch. 293, § 1; 1981, ch. 318, § 2; 1986, ch. 765, §§ 1-3; 2001, ch. 86, §§ 1, 2; 2003 , ch. 90, § 2; 2005, ch. 471, § 1; 2008 , ch. 871, § 2.
Tenn. Code Ann. § 5-1-203 — TN Code / Title 5 / Chapter 1 / Section 5-1-203
Authority to adopt charter form
Status: in_force

(a) Each county in this state may adopt a charter form of government as provided in this part. (b) Such charter when complete shall result in the creation and establishment of an alternate form of county government to perform all the governmental and corporate functions previously performed by the county. (c) Such charter form of government shall replace the existing form if approved by a majority of the voters in a referendum. Acts 1979, ch. 402, § 3; T.C.A., § 5-123.
(a) Each county in this state may adopt a charter form of government as provided in this part.
(b) Such charter when complete shall result in the creation and establishment of an alternate form of county government to perform all the governmental and corporate functions previously performed by the county.
(c) Such charter form of government shall replace the existing form if approved by a majority of the voters in a referendum.
Acts 1979, ch. 402, § 3; T.C.A., § 5-123.
Tenn. Code Ann. § 5-12-201 — TN Code / Title 5 / Chapter 12 / Section 5-12-201
Short title - Applicability
Status: in_force

This part shall be known and may be cited as the "Local Option Budgeting Law of 1993" and applies only to any county having adopted its provisions by approval by a two-thirds (2/3) vote of the county legislative body. Acts 1993, ch. 431, § 1.
This part shall be known and may be cited as the "Local Option Budgeting Law of 1993" and applies only to any county having adopted its provisions by approval by a two-thirds (2/3) vote of the county legislative body.
Acts 1993, ch. 431, § 1.
Tenn. Code Ann. § 5-14-113 — TN Code / Title 5 / Chapter 14 / Section 5-14-113
Liability of county
Status: in_force

The county shall be liable for the payment of all purchases of supplies, materials, equipment and contractual service made in accordance with this chapter, but shall not be liable for the payment of such purchases made contrary to its provisions. Acts 1957, ch. 312, § 13; T.C.A., § 5-1413.
The county shall be liable for the payment of all purchases of supplies, materials, equipment and contractual service made in accordance with this chapter, but shall not be liable for the payment of such purchases made contrary to its provisions.
Acts 1957, ch. 312, § 13; T.C.A., § 5-1413.
Tenn. Code Ann. § 5-1-307 — TN Code / Title 5 / Chapter 1 / Section 5-1-307
Intermediate level - Requirements
Status: in_force

(a) For successful completion of the intermediate level, fifty-one (51) credit hours of course work, including twenty-seven (27) credit hours for all officials and twenty-four (24) credit hours from the office specific courses developed for each of the county offices included in the county officials certificate training program (COCTP) must be completed by a participant. (b) All intermediate level courses will include a post test as part of the course work, which must be passed by the participant prior to receiving credit for the course work. (c) Participants who do not pass an intermediate level course shall repeat the course. (d) Intermediate level courses may be taken prior to introductory level courses. (e) Certificates will only be awarded by the University of Tennessee institute for public service's center for government training in the proper sequence. (f) Upon successful completion of the intermediate level, a participant will be awarded an intermediate level certificate by the University of Tennessee institute for public service's center for government training. Acts 1989, ch. 303, § 7.
(a) For successful completion of the intermediate level, fifty-one (51) credit hours of course work, including twenty-seven (27) credit hours for all officials and twenty-four (24) credit hours from the office specific courses developed for each of the county offices included in the county officials certificate training program (COCTP) must be completed by a participant.
(b) All intermediate level courses will include a post test as part of the course work, which must be passed by the participant prior to receiving credit for the course work.
(c) Participants who do not pass an intermediate level course shall repeat the course.
(d) Intermediate level courses may be taken prior to introductory level courses.
(e) Certificates will only be awarded by the University of Tennessee institute for public service's center for government training in the proper sequence.
(f) Upon successful completion of the intermediate level, a participant will be awarded an intermediate level certificate by the University of Tennessee institute for public service's center for government training.
Acts 1989, ch. 303, § 7.
Tenn. Code Ann. § 5-1-114 — TN Code / Title 5 / Chapter 1 / Section 5-1-114
Interlocal cooperation between contiguous counties
Status: in_force

(a) The county legislative bodies of any two (2) or more contiguous counties are empowered to enter into such agreements, contractual arrangements or compacts as they may deem necessary and desirable, in order to provide for the joint conducting or financing of any of the functions or services rendered by or through the county government. (b) Any county legislative body is empowered to enter into such agreements, contractual arrangements or compacts, as may be deemed necessary or desirable for the county to have any one (1) or more of its services or functions performed by and through the offices and officials of another county legislative body, and any county legislative body is authorized to enter into such agreements, contractual arrangements or compacts as may be deemed desirable or necessary to permit the offices and officials of such county legislative body to perform those services or functions for another county or counties. (c) Such services or functions shall be performed and provided for in accordance with the terms and conditions as agreed upon between the respective county legislative bodies. Acts 1939, ch. 223, § 1; C. Supp. 1950, § 10268.14 (Williams, § 10268.16); Acts 1978, ch. 934, § 6; impl. am. Acts 1978, ch. 934, §§ 7, 36; T.C.A. (orig. ed.), § 5-114.
(a) The county legislative bodies of any two (2) or more contiguous counties are empowered to enter into such agreements, contractual arrangements or compacts as they may deem necessary and desirable, in order to provide for the joint conducting or financing of any of the functions or services rendered by or through the county government.
(b) Any county legislative body is empowered to enter into such agreements, contractual arrangements or compacts, as may be deemed necessary or desirable for the county to have any one (1) or more of its services or functions performed by and through the offices and officials of another county legislative body, and any county legislative body is authorized to enter into such agreements, contractual arrangements or compacts as may be deemed desirable or necessary to permit the offices and officials of such county legislative body to perform those services or functions for another county or counties.
(c) Such services or functions shall be performed and provided for in accordance with the terms and conditions as agreed upon between the respective county legislative bodies.
Acts 1939, ch. 223, § 1; C. Supp. 1950, § 10268.14 (Williams, § 10268.16); Acts 1978, ch. 934, § 6; impl. am. Acts 1978, ch. 934, §§ 7, 36; T.C.A. (orig. ed.), § 5-114.
Tenn. Code Ann. § 5-8-602 — TN Code / Title 5 / Chapter 8 / Section 5-8-602
[Repealed]
Status: repealed

Repealed by 2016 Tenn. Acts, ch. 624, s 1, eff. 3/22/2016. Acts 1907, ch. 602, § 76; Shan., § 936; Code 1932, § 1651; impl. am. Acts 1978, ch. 934, §§ 16, 36; T.C.A. (orig. ed.), § 5-832; Acts 2003 , ch. 90, § 2.
Repealed by 2016 Tenn. Acts, ch. 624, s 1, eff. 3/22/2016.
Acts 1907, ch. 602, § 76; Shan., § 936; Code 1932, § 1651; impl. am. Acts 1978, ch. 934, §§ 16, 36; T.C.A. (orig. ed.), § 5-832; Acts 2003 , ch. 90, § 2.
Tenn. Code Ann. § 5-8-101 — TN Code / Title 5 / Chapter 8 / Section 5-8-101
Sources of county revenue - Gifts and donations
Status: in_force

(a) County revenue is derived from taxes on property, privileges, litigation, merchants, peddlers; from fines and forfeitures; and from money remaining unclaimed more than two (2) years in clerks' offices. (b) Notwithstanding any law to the contrary, a county is authorized to accept and receive gifts and donations of money, intangible personal property, tangible personal property and real property. If any such gift or donation is offered subject to conditional or restrictive terms, then the gift must be accepted by majority vote of the county legislative body and must be used by the county subject to the terms of such conditions or restrictions. If an unrestricted gift or donation of money is accepted and received, then such money must be deposited in the county general fund and must be appropriated and expended in accordance with county budgetary procedures. If an unrestricted gift or donation of personal or real property is accepted and received, and if the property is subsequently leased or sold, then the proceeds from such lease or sale must be deposited in the county general fund and must be appropriated in accordance with county budgetary procedures. Code 1858, § 482; Shan., § 644; mod. Code 1932, § 1035; impl. am. Acts 1963, ch. 14, § 1; Acts 1979, ch. 23, § 5; T.C.A. (orig. ed.), § 5-801; Acts 1999, ch. 109, § 1.
(a) County revenue is derived from taxes on property, privileges, litigation, merchants, peddlers; from fines and forfeitures; and from money remaining unclaimed more than two (2) years in clerks' offices.
(b) Notwithstanding any law to the contrary, a county is authorized to accept and receive gifts and donations of money, intangible personal property, tangible personal property and real property. If any such gift or donation is offered subject to conditional or restrictive terms, then the gift must be accepted by majority vote of the county legislative body and must be used by the county subject to the terms of such conditions or restrictions. If an unrestricted gift or donation of money is accepted and received, then such money must be deposited in the county general fund and must be appropriated and expended in accordance with county budgetary procedures. If an unrestricted gift or donation of personal or real property is accepted and received, and if the property is subsequently leased or sold, then the proceeds from such lease or sale must be deposited in the county general fund and must be appropriated in accordance with county budgetary procedures.
Code 1858, § 482; Shan., § 644; mod. Code 1932, § 1035; impl. am. Acts 1963, ch. 14, § 1; Acts 1979, ch. 23, § 5; T.C.A. (orig. ed.), § 5-801; Acts 1999, ch. 109, § 1.
Tenn. Code Ann. § 5-4-101 — TN Code / Title 5 / Chapter 4 / Section 5-4-101
Vote required for removal
Status: in_force

Where an old county is reduced for the purpose of forming a new one, the seat of justice in the old county shall not be removed without the concurrence of two thirds (2/3) of both branches of the general assembly, nor shall the seat of justice of any county be removed without the concurrence of two thirds (2/3) of the qualified voters of the county. Const. 1870, art. 10, § 4; Shan., § 112; Code 1932, § 131; T.C.A. (orig. ed.), § 5-401.
Where an old county is reduced for the purpose of forming a new one, the seat of justice in the old county shall not be removed without the concurrence of two thirds (2/3) of both branches of the general assembly, nor shall the seat of justice of any county be removed without the concurrence of two thirds (2/3) of the qualified voters of the county.
Const. 1870, art. 10, § 4; Shan., § 112; Code 1932, § 131; T.C.A. (orig. ed.), § 5-401.
Tenn. Code Ann. § 5-9-407 — TN Code / Title 5 / Chapter 9 / Section 5-9-407
Budget amendments - Limitation - Procedure - Applicability
Status: in_force

(a) Under any procedure for amending the budget provided in this section, the budget may not be amended to reduce any expenditure required by law, and all requests for amendments to the school budgets shall be approved by the school board. (b) Once a budget has been adopted, the budget, including line items and major categories, may be amended by passage of an amendment by a majority of the members of the county legislative body. If an official or department head is requesting the budget amendment and the amendment involves amendment of major categories of the budget, the request shall be submitted in writing to the county mayor and to each member of the county legislative body, and must be approved by the county legislative body in order to be effective. The county mayor may make a recommendation to the county legislative body regarding the requested major category amendment. The written request may be on an amendment request form, if one is specified by the county mayor, otherwise such amendment request shall specify the following: (1) A description of the amendment, including the purpose of the amendment and why it is needed during the current fiscal year; (2) A statement showing the cost of the amendment by budget line item with subclassifications showing specific cost elements (personnel, salaries, equipment, etc., included in the line item); and (3) Funding sources for the expenditure itemized by federal sources, state sources, local sources or fund balance. (c) After the adoption of a budget for the department of education, any proposed amendments to the budget submitted by the local board of education shall be approved or rejected by the county legislative body within forty (40) days of the receipt of the proposed amendments. This subsection (c) shall not apply in any county having a population of more than three hundred twenty-five thousand (325,000), according to the 2010 federal census or any subsequent federal census. (d) In addition to approval by the county legislative body as provided in subsection (b), there are two (2) alternative methods for adopting budget amendments to line items within a major category of the budget by which an official or department head may request approval of the amendment, except that amendment requests that have been disapproved by the county legislative body may not be approved under this subsection (d). The official or department head may request approval by the method outlined in subsection (b) or subdivision (d)(2) without first requesting approval under subdivision (d)(1). (1) (A) The first alternative method under this subsection (d) to amend line items within a major category of the budget, except for those affecting amounts budgeted for personnel costs and amendments affecting the administrative or other expenses relating to the functioning of the county commission that require amendment by the procedure outlined in subdivision (d)(2) or that require approval by the county legislative body, is by written approval of the county mayor. (B) Prior to the county mayor's approval, the official or department head of the office or department whose budget is to be amended shall make a written amendment request on the amendment request form specified by the county mayor to include the information outlined in subdivisions (b)(1)-(3). If the county mayor fails to approve such an amendment request, the amendment request may be approved by a budget committee created by law, by a budget committee of the county legislative body appointed by the county legislative body to approve budget amendments, or by a majority vote of the county legislative body. (2) (A) The second alternative method for approval of any line item amendment, including, but not limited to, any line item amendment that in any way affects amounts budgeted for personnel costs, is by approval by a budget committee created by law or a budget committee of the county legislative body appointed by the county legislative body to approve budget amendments. (B) Prior to any budget committee's approval, the official or department head of the affected office or department shall make a written amendment request specified by the committee to include the information outlined in subdivisions (b)(1)-(3). If the budget committee fails to approve such an amendment request, the amendment request may be approved by a majority vote of the county legislative body, but may not be approved by the county mayor pursuant to subdivision (d)(1). (e) All budget amendments approved by the county mayor or a budget committee under subsection (d) shall be reported to the county legislative body in the next financial report. (f) (1) (A) This section shall apply in every county unless a county exempts itself from this section by the adoption of a resolution by December 31, 1991. (B) This section shall not apply in any county that has adopted Acts 1989, chapter 550. (2) (A) In any county that has a private act or has adopted chapter 12 of this title, this section is supplemental authority for an amendment to the budget. (B) In any county subject to this section that is under chapter 21 of this title, in addition to the requirement of this section, an official or department head shall submit a budget request to the budget committee for its recommendations to the county mayor or county legislative body, or both, for approval. (3) This section shall not apply to local education agencies as defined in § 49-1-103 . (g) "Major categories of the budget," as used in this section, means major categories or summary accounts in the latest uniform chart of accounts as prescribed by the comptroller of the treasury. (h) (1) [Deleted by 2016 amendment.] (2) This section does not apply in any county having a population of not less than three hundred nineteen thousand six hundred twenty-five (319,625) nor more than three hundred nineteen thousand seven hundred twenty-five (319,725), according to the 1980 federal census or any subsequent federal census. Amended by 2016 Tenn. Acts, ch. 1080,s 3, eff. 5/20/2016. Amended by 2016 Tenn. Acts, ch. 917,s 1, eff. 4/27/2016. Acts 1991, ch. 358, §§ 2-4; 2003, ch. 90, § 2.
(a) Under any procedure for amending the budget provided in this section, the budget may not be amended to reduce any expenditure required by law, and all requests for amendments to the school budgets shall be approved by the school board.
(b) Once a budget has been adopted, the budget, including line items and major categories, may be amended by passage of an amendment by a majority of the members of the county legislative body. If an official or department head is requesting the budget amendment and the amendment involves amendment of major categories of the budget, the request shall be submitted in writing to the county mayor and to each member of the county legislative body, and must be approved by the county legislative body in order to be effective. The county mayor may make a recommendation to the county legislative body regarding the requested major category amendment. The written request may be on an amendment request form, if one is specified by the county mayor, otherwise such amendment request shall specify the following: (1) A description of the amendment, including the purpose of the amendment and why it is needed during the current fiscal year; (2) A statement showing the cost of the amendment by budget line item with subclassifications showing specific cost elements (personnel, salaries, equipment, etc., included in the line item); and (3) Funding sources for the expenditure itemized by federal sources, state sources, local sources or fund balance.
(1) A description of the amendment, including the purpose of the amendment and why it is needed during the current fiscal year;
(2) A statement showing the cost of the amendment by budget line item with subclassifications showing specific cost elements (personnel, salaries, equipment, etc., included in the line item); and
(3) Funding sources for the expenditure itemized by federal sources, state sources, local sources or fund balance.
(c) After the adoption of a budget for the department of education, any proposed amendments to the budget submitted by the local board of education shall be approved or rejected by the county legislative body within forty (40) days of the receipt of the proposed amendments. This subsection (c) shall not apply in any county having a population of more than three hundred twenty-five thousand (325,000), according to the 2010 federal census or any subsequent federal census.
(d) In addition to approval by the county legislative body as provided in subsection (b), there are two (2) alternative methods for adopting budget amendments to line items within a major category of the budget by which an official or department head may request approval of the amendment, except that amendment requests that have been disapproved by the county legislative body may not be approved under this subsection (d). The official or department head may request approval by the method outlined in subsection (b) or subdivision (d)(2) without first requesting approval under subdivision (d)(1). (1) (A) The first alternative method under this subsection (d) to amend line items within a major category of the budget, except for those affecting amounts budgeted for personnel costs and amendments affecting the administrative or other expenses relating to the functioning of the county commission that require amendment by the procedure outlined in subdivision (d)(2) or that require approval by the county legislative body, is by written approval of the county mayor. (B) Prior to the county mayor's approval, the official or department head of the office or department whose budget is to be amended shall make a written amendment request on the amendment request form specified by the county mayor to include the information outlined in subdivisions (b)(1)-(3). If the county mayor fails to approve such an amendment request, the amendment request may be approved by a budget committee created by law, by a budget committee of the county legislative body appointed by the county legislative body to approve budget amendments, or by a majority vote of the county legislative body. (2) (A) The second alternative method for approval of any line item amendment, including, but not limited to, any line item amendment that in any way affects amounts budgeted for personnel costs, is by approval by a budget committee created by law or a budget committee of the county legislative body appointed by the county legislative body to approve budget amendments. (B) Prior to any budget committee's approval, the official or department head of the affected office or department shall make a written amendment request specified by the committee to include the information outlined in subdivisions (b)(1)-(3). If the budget committee fails to approve such an amendment request, the amendment request may be approved by a majority vote of the county legislative body, but may not be approved by the county mayor pursuant to subdivision (d)(1).
(1) (A) The first alternative method under this subsection (d) to amend line items within a major category of the budget, except for those affecting amounts budgeted for personnel costs and amendments affecting the administrative or other expenses relating to the functioning of the county commission that require amendment by the procedure outlined in subdivision (d)(2) or that require approval by the county legislative body, is by written approval of the county mayor. (B) Prior to the county mayor's approval, the official or department head of the office or department whose budget is to be amended shall make a written amendment request on the amendment request form specified by the county mayor to include the information outlined in subdivisions (b)(1)-(3). If the county mayor fails to approve such an amendment request, the amendment request may be approved by a budget committee created by law, by a budget committee of the county legislative body appointed by the county legislative body to approve budget amendments, or by a majority vote of the county legislative body.
(A) The first alternative method under this subsection (d) to amend line items within a major category of the budget, except for those affecting amounts budgeted for personnel costs and amendments affecting the administrative or other expenses relating to the functioning of the county commission that require amendment by the procedure outlined in subdivision (d)(2) or that require approval by the county legislative body, is by written approval of the county mayor.
(B) Prior to the county mayor's approval, the official or department head of the office or department whose budget is to be amended shall make a written amendment request on the amendment request form specified by the county mayor to include the information outlined in subdivisions (b)(1)-(3). If the county mayor fails to approve such an amendment request, the amendment request may be approved by a budget committee created by law, by a budget committee of the county legislative body appointed by the county legislative body to approve budget amendments, or by a majority vote of the county legislative body.
(2) (A) The second alternative method for approval of any line item amendment, including, but not limited to, any line item amendment that in any way affects amounts budgeted for personnel costs, is by approval by a budget committee created by law or a budget committee of the county legislative body appointed by the county legislative body to approve budget amendments. (B) Prior to any budget committee's approval, the official or department head of the affected office or department shall make a written amendment request specified by the committee to include the information outlined in subdivisions (b)(1)-(3). If the budget committee fails to approve such an amendment request, the amendment request may be approved by a majority vote of the county legislative body, but may not be approved by the county mayor pursuant to subdivision (d)(1).
(A) The second alternative method for approval of any line item amendment, including, but not limited to, any line item amendment that in any way affects amounts budgeted for personnel costs, is by approval by a budget committee created by law or a budget committee of the county legislative body appointed by the county legislative body to approve budget amendments.
(B) Prior to any budget committee's approval, the official or department head of the affected office or department shall make a written amendment request specified by the committee to include the information outlined in subdivisions (b)(1)-(3). If the budget committee fails to approve such an amendment request, the amendment request may be approved by a majority vote of the county legislative body, but may not be approved by the county mayor pursuant to subdivision (d)(1).
(e) All budget amendments approved by the county mayor or a budget committee under subsection (d) shall be reported to the county legislative body in the next financial report.
(f) (1) (A) This section shall apply in every county unless a county exempts itself from this section by the adoption of a resolution by December 31, 1991. (B) This section shall not apply in any county that has adopted Acts 1989, chapter 550. (2) (A) In any county that has a private act or has adopted chapter 12 of this title, this section is supplemental authority for an amendment to the budget. (B) In any county subject to this section that is under chapter 21 of this title, in addition to the requirement of this section, an official or department head shall submit a budget request to the budget committee for its recommendations to the county mayor or county legislative body, or both, for approval. (3) This section shall not apply to local education agencies as defined in § 49-1-103 .
(1) (A) This section shall apply in every county unless a county exempts itself from this section by the adoption of a resolution by December 31, 1991. (B) This section shall not apply in any county that has adopted Acts 1989, chapter 550.
(A) This section shall apply in every county unless a county exempts itself from this section by the adoption of a resolution by December 31, 1991.
(B) This section shall not apply in any county that has adopted Acts 1989, chapter 550.
(2) (A) In any county that has a private act or has adopted chapter 12 of this title, this section is supplemental authority for an amendment to the budget. (B) In any county subject to this section that is under chapter 21 of this title, in addition to the requirement of this section, an official or department head shall submit a budget request to the budget committee for its recommendations to the county mayor or county legislative body, or both, for approval.
(A) In any county that has a private act or has adopted chapter 12 of this title, this section is supplemental authority for an amendment to the budget.
(B) In any county subject to this section that is under chapter 21 of this title, in addition to the requirement of this section, an official or department head shall submit a budget request to the budget committee for its recommendations to the county mayor or county legislative body, or both, for approval.
(3) This section shall not apply to local education agencies as defined in § 49-1-103 .
(g) "Major categories of the budget," as used in this section, means major categories or summary accounts in the latest uniform chart of accounts as prescribed by the comptroller of the treasury.
(h) (1) [Deleted by 2016 amendment.] (2) This section does not apply in any county having a population of not less than three hundred nineteen thousand six hundred twenty-five (319,625) nor more than three hundred nineteen thousand seven hundred twenty-five (319,725), according to the 1980 federal census or any subsequent federal census.
(1) [Deleted by 2016 amendment.]
(2) This section does not apply in any county having a population of not less than three hundred nineteen thousand six hundred twenty-five (319,625) nor more than three hundred nineteen thousand seven hundred twenty-five (319,725), according to the 1980 federal census or any subsequent federal census.
Amended by 2016 Tenn. Acts, ch. 1080,s 3, eff. 5/20/2016.
Amended by 2016 Tenn. Acts, ch. 917,s 1, eff. 4/27/2016.
Acts 1991, ch. 358, §§ 2-4; 2003, ch. 90, § 2.
Tenn. Code Ann. § 5-23-105 — TN Code / Title 5 / Chapter 23 / Section 5-23-105
Retainer of attorney
Status: in_force

The county mayor shall retain an attorney, subject to confirmation of the county legislative body, to review the base personnel policies for compliance with this chapter and other applicable law. The county mayor may, but is not required to, retain the county attorney in such capacity. The compensation of the attorney shall be established by the county legislative body, and shall be paid from the county general fund. Acts 1997 , ch. 361, §5; 2003 , ch. 90, § 2.
The county mayor shall retain an attorney, subject to confirmation of the county legislative body, to review the base personnel policies for compliance with this chapter and other applicable law. The county mayor may, but is not required to, retain the county attorney in such capacity. The compensation of the attorney shall be established by the county legislative body, and shall be paid from the county general fund.
Acts 1997 , ch. 361, §5; 2003 , ch. 90, § 2.
Tenn. Code Ann. § 5-21-103 — TN Code / Title 5 / Chapter 21 / Section 5-21-103
Finance department - General provisions - County hospitals and nursing homes - Exclusion from coverage of chapter
Status: in_force

(a) (1) There is hereby created a finance department to administer the finances of the county for all funds of the various departments, agencies and boards that are handled by the county trustee. (2) The accounting, bank accounts, personnel and salary policies, and other policies of the funds and offices of the clerks of courts, county clerk, register of deeds, sheriff and trustee, that were not subject to the budgeting authority of the county legislative body prior to application of this part, are not subject to this part. This part shall not be construed as authority over the fee and commission accounts of other accounts that are not handled by the trustee for offices other than the trustee nor for the trustee's fee and commission account. This part shall not be construed as authority over personnel policies or procedures or salaries of the various county offices or departments, except with respect to requiring necessary recordkeeping and reporting needed for performing the payroll functions as prescribed by the finance committee. (b) The finance department shall be responsible for purchasing, accounting, budgeting, payroll, cash management and other such financial matters of the county as provided in this chapter. (c) All employees performing the functions of purchasing, payroll, accounting and budgeting in the various operating departments shall be transferred to the supervision of the director of finance, and such salaries, benefits and expenses relating to such personnel shall be budgeted under the finance department, notwithstanding any other law to the contrary. No employee may be transferred, however, from the office of the trustee, county clerk, assessor of property, clerks of courts, register of deeds or sheriff. (d) (1) The department shall establish a system of fiscal management, control, accounting, budgeting, purchasing and cash management as herein provided. (2) The system shall conform to generally accepted accounting principles and shall be in substantial agreement with the comptroller of the treasury uniform audit manual, the rules established by the commissioner of education, and state law. (e) (1) Notwithstanding this chapter to the contrary, the county legislative body may exclude, by two thirds (2/3) majority vote, the county hospitals or nursing homes, or both, from this chapter. In the event county hospitals or nursing homes, or both, are excluded, the county legislative body may establish, after allowing the financial management committee to submit recommendations, financial procedures and reporting requirements to include, but not to be limited to, the following: (A) Monthly financial reports; (B) Approval of the required annual audit contract with a licensed Tennessee certified public accountant and the reports presented in such audit; (C) Inspection of records, bank statements and other financial records; and (D) Approval of the annual budget by the county legislative body prior to the beginning of the fiscal year. (2) If a hospital or nursing home, or both, is excluded from this chapter, the county legislative body may by two-thirds (2/3) majority vote include such hospitals or nursing homes, or both, under this chapter. Upon voting to include such hospital or nursing home, or both, implementation of this chapter shall begin no later than the beginning of the next fiscal year. Amended by 2018 Tenn. Acts, ch. 495,s 1, eff. 2/22/2018. Acts 1981, ch. 325, § 3; 1991, ch. 236, § 1; 1993, ch. 515, §§ 1-3.
(a) (1) There is hereby created a finance department to administer the finances of the county for all funds of the various departments, agencies and boards that are handled by the county trustee. (2) The accounting, bank accounts, personnel and salary policies, and other policies of the funds and offices of the clerks of courts, county clerk, register of deeds, sheriff and trustee, that were not subject to the budgeting authority of the county legislative body prior to application of this part, are not subject to this part. This part shall not be construed as authority over the fee and commission accounts of other accounts that are not handled by the trustee for offices other than the trustee nor for the trustee's fee and commission account. This part shall not be construed as authority over personnel policies or procedures or salaries of the various county offices or departments, except with respect to requiring necessary recordkeeping and reporting needed for performing the payroll functions as prescribed by the finance committee.
(1) There is hereby created a finance department to administer the finances of the county for all funds of the various departments, agencies and boards that are handled by the county trustee.
(2) The accounting, bank accounts, personnel and salary policies, and other policies of the funds and offices of the clerks of courts, county clerk, register of deeds, sheriff and trustee, that were not subject to the budgeting authority of the county legislative body prior to application of this part, are not subject to this part. This part shall not be construed as authority over the fee and commission accounts of other accounts that are not handled by the trustee for offices other than the trustee nor for the trustee's fee and commission account. This part shall not be construed as authority over personnel policies or procedures or salaries of the various county offices or departments, except with respect to requiring necessary recordkeeping and reporting needed for performing the payroll functions as prescribed by the finance committee.
(b) The finance department shall be responsible for purchasing, accounting, budgeting, payroll, cash management and other such financial matters of the county as provided in this chapter.
(c) All employees performing the functions of purchasing, payroll, accounting and budgeting in the various operating departments shall be transferred to the supervision of the director of finance, and such salaries, benefits and expenses relating to such personnel shall be budgeted under the finance department, notwithstanding any other law to the contrary. No employee may be transferred, however, from the office of the trustee, county clerk, assessor of property, clerks of courts, register of deeds or sheriff.
(d) (1) The department shall establish a system of fiscal management, control, accounting, budgeting, purchasing and cash management as herein provided. (2) The system shall conform to generally accepted accounting principles and shall be in substantial agreement with the comptroller of the treasury uniform audit manual, the rules established by the commissioner of education, and state law.
(1) The department shall establish a system of fiscal management, control, accounting, budgeting, purchasing and cash management as herein provided.
(2) The system shall conform to generally accepted accounting principles and shall be in substantial agreement with the comptroller of the treasury uniform audit manual, the rules established by the commissioner of education, and state law.
(e) (1) Notwithstanding this chapter to the contrary, the county legislative body may exclude, by two thirds (2/3) majority vote, the county hospitals or nursing homes, or both, from this chapter. In the event county hospitals or nursing homes, or both, are excluded, the county legislative body may establish, after allowing the financial management committee to submit recommendations, financial procedures and reporting requirements to include, but not to be limited to, the following: (A) Monthly financial reports; (B) Approval of the required annual audit contract with a licensed Tennessee certified public accountant and the reports presented in such audit; (C) Inspection of records, bank statements and other financial records; and (D) Approval of the annual budget by the county legislative body prior to the beginning of the fiscal year. (2) If a hospital or nursing home, or both, is excluded from this chapter, the county legislative body may by two-thirds (2/3) majority vote include such hospitals or nursing homes, or both, under this chapter. Upon voting to include such hospital or nursing home, or both, implementation of this chapter shall begin no later than the beginning of the next fiscal year.
(1) Notwithstanding this chapter to the contrary, the county legislative body may exclude, by two thirds (2/3) majority vote, the county hospitals or nursing homes, or both, from this chapter. In the event county hospitals or nursing homes, or both, are excluded, the county legislative body may establish, after allowing the financial management committee to submit recommendations, financial procedures and reporting requirements to include, but not to be limited to, the following: (A) Monthly financial reports; (B) Approval of the required annual audit contract with a licensed Tennessee certified public accountant and the reports presented in such audit; (C) Inspection of records, bank statements and other financial records; and (D) Approval of the annual budget by the county legislative body prior to the beginning of the fiscal year.
(A) Monthly financial reports;
(B) Approval of the required annual audit contract with a licensed Tennessee certified public accountant and the reports presented in such audit;
(C) Inspection of records, bank statements and other financial records; and
(D) Approval of the annual budget by the county legislative body prior to the beginning of the fiscal year.
(2) If a hospital or nursing home, or both, is excluded from this chapter, the county legislative body may by two-thirds (2/3) majority vote include such hospitals or nursing homes, or both, under this chapter. Upon voting to include such hospital or nursing home, or both, implementation of this chapter shall begin no later than the beginning of the next fiscal year.
Amended by 2018 Tenn. Acts, ch. 495,s 1, eff. 2/22/2018.
Acts 1981, ch. 325, § 3; 1991, ch. 236, § 1; 1993, ch. 515, §§ 1-3.
Tenn. Code Ann. § 5-21-108 — TN Code / Title 5 / Chapter 21 / Section 5-21-108
Director - Deputy
Status: in_force

(a) A person employed by the finance department shall be recommended by the director and approved by the committee to serve as deputy director of finance. (b) (1) The person employed for this position shall perform such duties and responsibilities as assigned by the director. (2) In the absence of the director, the deputy director shall perform the duties of the director necessary to the continued operation of the department, including, but not limited to, the cosigning of warrants, payroll checks and purchase orders. Acts 1981, ch. 325, § 8.
(a) A person employed by the finance department shall be recommended by the director and approved by the committee to serve as deputy director of finance.
(b) (1) The person employed for this position shall perform such duties and responsibilities as assigned by the director. (2) In the absence of the director, the deputy director shall perform the duties of the director necessary to the continued operation of the department, including, but not limited to, the cosigning of warrants, payroll checks and purchase orders.
(1) The person employed for this position shall perform such duties and responsibilities as assigned by the director.
(2) In the absence of the director, the deputy director shall perform the duties of the director necessary to the continued operation of the department, including, but not limited to, the cosigning of warrants, payroll checks and purchase orders.
Acts 1981, ch. 325, § 8.
Tenn. Code Ann. § 5-9-308 — TN Code / Title 5 / Chapter 9 / Section 5-9-308
Bills of cost - Certification
Status: in_force

(a) No warrant shall be drawn for costs against a county, unless the same has been regularly taxed by the clerk, examined by the presiding judge of the court in which the costs accrued, and by them certified, under the seal of the court, to be correctly taxed and lawfully chargeable upon the county. (b) In making the certificate, the judge shall certify the aggregate amount of each bill of cost, writing the aggregate amount in both words and figures, and no bill of cost shall be paid unless so certified. Code 1858, § 527; Acts 1897, ch. 29, § 1; Shan., § 672; Code 1932, § 1068; T.C.A. (orig. ed.), § 5-917; Acts 1998, ch. 1080, §§ 1, 2.
(a) No warrant shall be drawn for costs against a county, unless the same has been regularly taxed by the clerk, examined by the presiding judge of the court in which the costs accrued, and by them certified, under the seal of the court, to be correctly taxed and lawfully chargeable upon the county.
(b) In making the certificate, the judge shall certify the aggregate amount of each bill of cost, writing the aggregate amount in both words and figures, and no bill of cost shall be paid unless so certified.
Code 1858, § 527; Acts 1897, ch. 29, § 1; Shan., § 672; Code 1932, § 1068; T.C.A. (orig. ed.), § 5-917; Acts 1998, ch. 1080, §§ 1, 2.
Tenn. Code Ann. § 5-8-401 — TN Code / Title 5 / Chapter 8 / Section 5-8-401
Disposition
Status: in_force

The county mayor is required, in making settlements with clerks, to ascertain what amount of money is in their hands due to witnesses and officers, that may have been collected by them from suitors, and that has been in the hands of the clerk for more than two (2) years, and such sums of money shall be paid into the county treasury as other county revenue. Code 1858, § 521 (deriv. Acts 1845-1846, ch. 32, § 1); Shan., § 661; Code 1932, § 1060; Acts 1939, ch. 193, § 1; C. Supp. 1950, § 1060; impl. am. Acts 1978, ch. 934, §§ 16, 36; T.C.A. (orig. ed.), § 5-821; Acts 2003, ch. 90, § 2.
The county mayor is required, in making settlements with clerks, to ascertain what amount of money is in their hands due to witnesses and officers, that may have been collected by them from suitors, and that has been in the hands of the clerk for more than two (2) years, and such sums of money shall be paid into the county treasury as other county revenue.
Code 1858, § 521 (deriv. Acts 1845-1846, ch. 32, § 1); Shan., § 661; Code 1932, § 1060; Acts 1939, ch. 193, § 1; C. Supp. 1950, § 1060; impl. am. Acts 1978, ch. 934, §§ 16, 36; T.C.A. (orig. ed.), § 5-821; Acts 2003, ch. 90, § 2.
Tenn. Code Ann. § 5-8-203 — TN Code / Title 5 / Chapter 8 / Section 5-8-203
Contracts - Notice to trustee
Status: in_force

When the contract has been signed on the part of the county, and also signed by the proper officers, on the part of the bank or banks under the seal thereof, and a good and sufficient bond has been executed by the bank or banks, for the faithful performance of the contract and to save the county harmless, the finance committee shall so notify the county trustee, in writing, and order the county trustee to place all funds already in the county trustee's hands or that may thereafter be collected by the county trustee on deposit in the bank or banks, noting the funds that shall draw interest and the amount thereof. Acts 1909, ch. 305, § 3; Shan., § 647a3; Code 1932, § 1041; T.C.A. (orig. ed.), § 5-812.
When the contract has been signed on the part of the county, and also signed by the proper officers, on the part of the bank or banks under the seal thereof, and a good and sufficient bond has been executed by the bank or banks, for the faithful performance of the contract and to save the county harmless, the finance committee shall so notify the county trustee, in writing, and order the county trustee to place all funds already in the county trustee's hands or that may thereafter be collected by the county trustee on deposit in the bank or banks, noting the funds that shall draw interest and the amount thereof.
Acts 1909, ch. 305, § 3; Shan., § 647a3; Code 1932, § 1041; T.C.A. (orig. ed.), § 5-812.
Tenn. Code Ann. § 5-16-110 — TN Code / Title 5 / Chapter 16 / Section 5-16-110
Municipal annexation or incorporation - Effect on facilities
Status: in_force

(a) (1) Upon annexation by any municipality, or by including within the corporate territorial limits of any incorporating municipality, of an area including any of the facilities as herein authorized and provided, the municipality and the county legislative body or other governing body shall attempt to reach a written agreement for the allocation and conveyance to the municipality of any or all functions, rights, duties, property, assets or liabilities, in conjunction with such facilities, that justice and reason may require in the circumstances. (2) The annexing or incorporating municipality, for and to the extent that it may choose, shall have the exclusive right to provide such facilities within the annexed or incorporated area, and shall manifest such choice by proper resolution or ordinance at the first meeting of its governing body after the annexation or incorporation. (3) Subject to subdivision (a)(2), any such matters upon which the respective parties are not in written agreement within sixty (60) days after the operative date of such annexation shall be settled by arbitration in accordance with the state laws of arbitration effective at the time of submission to the arbitrators, and § 29-5-101(2) shall not apply to any arbitration arising hereunder. (4) The award so rendered shall be transmitted to the chancery court, and thereupon shall be subject to review in accordance with §§ 29-5-113 - 29-5-115 and 29-5-118. (5) Subdivisions (a)(1) and (2) shall not apply to any city that is being incorporated if that city does not plan to furnish service that would compete with service the county is now furnishing. (b) (1) If there are outstanding bonds or other obligations in conjunction with the public facilities as herein provided, the agreement or arbitration award shall also provide that the municipality will operate such facilities in the annexed or incorporated territory and account for the revenues therefrom in such manner as not to impair the obligations of contract with reference to such bonds or other obligations. (2) The rights vested in the holders of all such outstanding bonds or other obligations shall be fully preserved and in no wise impaired by any agreement or arbitration award. Acts 1961, ch. 166, § 10; impl. am. Acts 1978, ch. 934, §§ 7, 36; T.C.A., § 5-1610; Acts 1980, ch. 489, §§ 1-3, 5.
(a) (1) Upon annexation by any municipality, or by including within the corporate territorial limits of any incorporating municipality, of an area including any of the facilities as herein authorized and provided, the municipality and the county legislative body or other governing body shall attempt to reach a written agreement for the allocation and conveyance to the municipality of any or all functions, rights, duties, property, assets or liabilities, in conjunction with such facilities, that justice and reason may require in the circumstances. (2) The annexing or incorporating municipality, for and to the extent that it may choose, shall have the exclusive right to provide such facilities within the annexed or incorporated area, and shall manifest such choice by proper resolution or ordinance at the first meeting of its governing body after the annexation or incorporation. (3) Subject to subdivision (a)(2), any such matters upon which the respective parties are not in written agreement within sixty (60) days after the operative date of such annexation shall be settled by arbitration in accordance with the state laws of arbitration effective at the time of submission to the arbitrators, and § 29-5-101(2) shall not apply to any arbitration arising hereunder. (4) The award so rendered shall be transmitted to the chancery court, and thereupon shall be subject to review in accordance with §§ 29-5-113 - 29-5-115 and 29-5-118. (5) Subdivisions (a)(1) and (2) shall not apply to any city that is being incorporated if that city does not plan to furnish service that would compete with service the county is now furnishing.
(1) Upon annexation by any municipality, or by including within the corporate territorial limits of any incorporating municipality, of an area including any of the facilities as herein authorized and provided, the municipality and the county legislative body or other governing body shall attempt to reach a written agreement for the allocation and conveyance to the municipality of any or all functions, rights, duties, property, assets or liabilities, in conjunction with such facilities, that justice and reason may require in the circumstances.
(2) The annexing or incorporating municipality, for and to the extent that it may choose, shall have the exclusive right to provide such facilities within the annexed or incorporated area, and shall manifest such choice by proper resolution or ordinance at the first meeting of its governing body after the annexation or incorporation.
(3) Subject to subdivision (a)(2), any such matters upon which the respective parties are not in written agreement within sixty (60) days after the operative date of such annexation shall be settled by arbitration in accordance with the state laws of arbitration effective at the time of submission to the arbitrators, and § 29-5-101(2) shall not apply to any arbitration arising hereunder.
(4) The award so rendered shall be transmitted to the chancery court, and thereupon shall be subject to review in accordance with §§ 29-5-113 - 29-5-115 and 29-5-118.
(5) Subdivisions (a)(1) and (2) shall not apply to any city that is being incorporated if that city does not plan to furnish service that would compete with service the county is now furnishing.
(b) (1) If there are outstanding bonds or other obligations in conjunction with the public facilities as herein provided, the agreement or arbitration award shall also provide that the municipality will operate such facilities in the annexed or incorporated territory and account for the revenues therefrom in such manner as not to impair the obligations of contract with reference to such bonds or other obligations. (2) The rights vested in the holders of all such outstanding bonds or other obligations shall be fully preserved and in no wise impaired by any agreement or arbitration award.
(1) If there are outstanding bonds or other obligations in conjunction with the public facilities as herein provided, the agreement or arbitration award shall also provide that the municipality will operate such facilities in the annexed or incorporated territory and account for the revenues therefrom in such manner as not to impair the obligations of contract with reference to such bonds or other obligations.
(2) The rights vested in the holders of all such outstanding bonds or other obligations shall be fully preserved and in no wise impaired by any agreement or arbitration award.
Acts 1961, ch. 166, § 10; impl. am. Acts 1978, ch. 934, §§ 7, 36; T.C.A., § 5-1610; Acts 1980, ch. 489, §§ 1-3, 5.
Tenn. Code Ann. § 5-6-114 — TN Code / Title 5 / Chapter 6 / Section 5-6-114
Powers and duties - Acting for clerk
Status: in_force

When the county clerk is incompetent, because of interest or relationship, to do or perform any official act required by law to be done by the county clerk, it shall be lawful, and is made the duty of the county mayor to do and perform that act. Acts 1871, ch. 42, § 1; Shan., § 676; Code 1932, § 1072; Acts 1978, ch. 934, § 21; impl. am. Acts 1978, ch. 934, §§ 22, 36; T.C.A. (orig. ed.), § 5-614; Acts 2003, ch. 90, § 2.
When the county clerk is incompetent, because of interest or relationship, to do or perform any official act required by law to be done by the county clerk, it shall be lawful, and is made the duty of the county mayor to do and perform that act.
Acts 1871, ch. 42, § 1; Shan., § 676; Code 1932, § 1072; Acts 1978, ch. 934, § 21; impl. am. Acts 1978, ch. 934, §§ 22, 36; T.C.A. (orig. ed.), § 5-614; Acts 2003, ch. 90, § 2.
Tenn. Code Ann. § 5-9-311 — TN Code / Title 5 / Chapter 9 / Section 5-9-311
Pauper's burial - Affidavit
Status: in_force

No warrant shall be drawn to pay for the funeral or cremation expenses of a pauper, unless the claim is accompanied by an affidavit showing the cost of the same, that the expenses were incurred for the interment of a pauper in the county, and that the claimant has no other means of obtaining payment. Code 1858, § 529; Shan., § 675; Code 1932, § 1071; T.C.A. (orig. ed.), § 5-920; Acts 2003, ch. 51, § 2.
No warrant shall be drawn to pay for the funeral or cremation expenses of a pauper, unless the claim is accompanied by an affidavit showing the cost of the same, that the expenses were incurred for the interment of a pauper in the county, and that the claimant has no other means of obtaining payment.
Code 1858, § 529; Shan., § 675; Code 1932, § 1071; T.C.A. (orig. ed.), § 5-920; Acts 2003, ch. 51, § 2.