Tenn. Code Ann. § 5-16-111 — TN Code / Title 5 / Chapter 16 / Section 5-16-111
Service near city or town - Restrictions
Status: in_force

A county may not extend any public facilities, as provided for in this chapter, within five (5) miles of any part of the boundary of an incorporated city or town unless such incorporated city or town has failed to take appropriate action to provide a specified public facility or facilities in a specified area or areas for a period of ninety (90) days after having been petitioned to do so by resolution of the county legislative body or other governing body. The resolution shall contain a plan of service, and shall be accompanied by a preliminary engineering report and a financial feasibility report, and shall set out the type, standard and schedule of installation of public facilities and the specified area or areas proposed to be served by the county. The resolution, plan of service and reports shall have been previously submitted to the local planning commission for review as provided for in § 5-16-112 . Acts 1961, ch. 166, § 11; impl. am. Acts 1978, ch. 934, §§ 7, 36; T.C.A., § 5-1611.
A county may not extend any public facilities, as provided for in this chapter, within five (5) miles of any part of the boundary of an incorporated city or town unless such incorporated city or town has failed to take appropriate action to provide a specified public facility or facilities in a specified area or areas for a period of ninety (90) days after having been petitioned to do so by resolution of the county legislative body or other governing body. The resolution shall contain a plan of service, and shall be accompanied by a preliminary engineering report and a financial feasibility report, and shall set out the type, standard and schedule of installation of public facilities and the specified area or areas proposed to be served by the county. The resolution, plan of service and reports shall have been previously submitted to the local planning commission for review as provided for in § 5-16-112 .
Acts 1961, ch. 166, § 11; impl. am. Acts 1978, ch. 934, §§ 7, 36; T.C.A., § 5-1611.
Tenn. Code Ann. § 5-12-111 — TN Code / Title 5 / Chapter 12 / Section 5-12-111
Monthly report of director
Status: in_force

(a) The director of accounts and budgets shall make a report at the end of each month showing the condition of the budget. (b) (1) The report shall show for each item of appropriation, or allotment of each item of appropriation, or both, the total expenditures for the month and the year to date, the amount of outstanding encumbrances and the amount of the unencumbered balance. (2) The report shall also show for each fund an itemized statement of the revenues and receipts estimated for the year, the amount of the collections of each item for the month and the year to date and the unrealized portion of the estimate. (3) In a parallel column shall be shown the amount of each item or revenue during the comparable elapsed period of the preceding fiscal year. (c) (1) The most recent of such reports shall be presented by the county mayor at each regular session of the county legislative body or other governing body. (2) At such time, the county mayor shall advise the county governing body of the condition of the budget, and of any adjustment or reduction of appropriations that should be made, and shall recommend any other action that, in the county mayor's opinion, the county governing body should take in order that the budget shall be kept in balance. Acts 1957, ch. 291, § 11; impl. am. Acts 1978, ch. 934, §§ 7, 16, 36; T.C.A., § 5-1211; Acts 2003, ch. 90, § 2.
(a) The director of accounts and budgets shall make a report at the end of each month showing the condition of the budget.
(b) (1) The report shall show for each item of appropriation, or allotment of each item of appropriation, or both, the total expenditures for the month and the year to date, the amount of outstanding encumbrances and the amount of the unencumbered balance. (2) The report shall also show for each fund an itemized statement of the revenues and receipts estimated for the year, the amount of the collections of each item for the month and the year to date and the unrealized portion of the estimate. (3) In a parallel column shall be shown the amount of each item or revenue during the comparable elapsed period of the preceding fiscal year.
(1) The report shall show for each item of appropriation, or allotment of each item of appropriation, or both, the total expenditures for the month and the year to date, the amount of outstanding encumbrances and the amount of the unencumbered balance.
(2) The report shall also show for each fund an itemized statement of the revenues and receipts estimated for the year, the amount of the collections of each item for the month and the year to date and the unrealized portion of the estimate.
(3) In a parallel column shall be shown the amount of each item or revenue during the comparable elapsed period of the preceding fiscal year.
(c) (1) The most recent of such reports shall be presented by the county mayor at each regular session of the county legislative body or other governing body. (2) At such time, the county mayor shall advise the county governing body of the condition of the budget, and of any adjustment or reduction of appropriations that should be made, and shall recommend any other action that, in the county mayor's opinion, the county governing body should take in order that the budget shall be kept in balance.
(1) The most recent of such reports shall be presented by the county mayor at each regular session of the county legislative body or other governing body.
(2) At such time, the county mayor shall advise the county governing body of the condition of the budget, and of any adjustment or reduction of appropriations that should be made, and shall recommend any other action that, in the county mayor's opinion, the county governing body should take in order that the budget shall be kept in balance.
Acts 1957, ch. 291, § 11; impl. am. Acts 1978, ch. 934, §§ 7, 16, 36; T.C.A., § 5-1211; Acts 2003, ch. 90, § 2.
Tenn. Code Ann. § 5-14-105 — TN Code / Title 5 / Chapter 14 / Section 5-14-105
Purchasing agent - Powers and duties
Status: in_force

The county purchasing agent has exclusive power and it is the purchasing agent's duty to: (1) Contract for and purchase all supplies, materials, equipment and contractual services required by each and every official, agency, office, department or employee of the county government, or that is supported by, or under control of, the county government and that expends or encumbers any of the county's funds. No other official, employee or agent of the county or of any of its departments or agencies shall be authorized to contract for or purchase any such materials, supplies, equipment or contractual services; (2) Arrange for the rental of machinery, buildings or equipment when the rents are to be paid out of funds belonging to the county or any department, institution or agency thereof; and no other official, employee or agent of the county shall have the right or power to make any contract for such rental; (3) Transfer materials, supplies and equipment to or between county departments and agencies as may be needed for the proper and efficient administration of the county government; and (4) Have charge of any central storeroom or central mailing room or similar services that may hereafter be established for the efficient and economical handling of the county's business. Acts 1957, ch. 312, § 4; T.C.A., § 5-1405.
The county purchasing agent has exclusive power and it is the purchasing agent's duty to:
(1) Contract for and purchase all supplies, materials, equipment and contractual services required by each and every official, agency, office, department or employee of the county government, or that is supported by, or under control of, the county government and that expends or encumbers any of the county's funds. No other official, employee or agent of the county or of any of its departments or agencies shall be authorized to contract for or purchase any such materials, supplies, equipment or contractual services;
(2) Arrange for the rental of machinery, buildings or equipment when the rents are to be paid out of funds belonging to the county or any department, institution or agency thereof; and no other official, employee or agent of the county shall have the right or power to make any contract for such rental;
(3) Transfer materials, supplies and equipment to or between county departments and agencies as may be needed for the proper and efficient administration of the county government; and
(4) Have charge of any central storeroom or central mailing room or similar services that may hereafter be established for the efficient and economical handling of the county's business.
Acts 1957, ch. 312, § 4; T.C.A., § 5-1405.
Tenn. Code Ann. § 5-20-102 — TN Code / Title 5 / Chapter 20 / Section 5-20-102
Adoption by reference authorized
Status: in_force

(a) The governing body of any county may adopt or repeal a resolution that incorporates by reference the provisions of any code properly identified as to date and source, without setting forth the provisions of such code in full, except that this enabling authority shall not apply to any subject area that the state, now or hereafter, elects to regulate through its own adopted code. (b) (1) At least one (1) copy of the code that is incorporated by reference shall be filed in the office of the county clerk and kept there for public use, inspection, and examination. (2) This filing requirement shall not be deemed complied with unless the required copy of the code is filed with the clerk for a period of ninety (90) days before the adoption of the resolution that incorporated the code by reference. (3) Federal rules and regulations, including any changes in the regulations when properly identified as to the date and source, may be incorporated by reference without setting forth the provisions of the regulations in full. (c) No resolution incorporating a code by reference shall be effective until published in a newspaper having a general circulation in the county. Acts 1975, ch. 328, § 2; impl. am. Acts 1978, ch. 934, §§ 22, 36; T.C.A., § 5-2002; Acts 1993, ch. 163, §1; 2011 , ch. 102, § 1.
(a) The governing body of any county may adopt or repeal a resolution that incorporates by reference the provisions of any code properly identified as to date and source, without setting forth the provisions of such code in full, except that this enabling authority shall not apply to any subject area that the state, now or hereafter, elects to regulate through its own adopted code.
(b) (1) At least one (1) copy of the code that is incorporated by reference shall be filed in the office of the county clerk and kept there for public use, inspection, and examination. (2) This filing requirement shall not be deemed complied with unless the required copy of the code is filed with the clerk for a period of ninety (90) days before the adoption of the resolution that incorporated the code by reference. (3) Federal rules and regulations, including any changes in the regulations when properly identified as to the date and source, may be incorporated by reference without setting forth the provisions of the regulations in full.
(1) At least one (1) copy of the code that is incorporated by reference shall be filed in the office of the county clerk and kept there for public use, inspection, and examination.
(2) This filing requirement shall not be deemed complied with unless the required copy of the code is filed with the clerk for a period of ninety (90) days before the adoption of the resolution that incorporated the code by reference.
(3) Federal rules and regulations, including any changes in the regulations when properly identified as to the date and source, may be incorporated by reference without setting forth the provisions of the regulations in full.
(c) No resolution incorporating a code by reference shall be effective until published in a newspaper having a general circulation in the county.
Acts 1975, ch. 328, § 2; impl. am. Acts 1978, ch. 934, §§ 22, 36; T.C.A., § 5-2002; Acts 1993, ch. 163, §1; 2011 , ch. 102, § 1.
Tenn. Code Ann. § 5-14-114 — TN Code / Title 5 / Chapter 14 / Section 5-14-114
Conflicts of interest - Forfeiture of compensation - Removal from office
Status: in_force

(a) The county purchasing agent, members of the county purchasing commission, members of the county legislative body, and other officials of the county shall not: (1) Have a direct interest in a contract or purchase order for supplies, materials, equipment, or contractual services used by or furnished to a department or agency of the county government. As used in this subdivision (a)(1), "direct interest" means a contract with such person personally or with a business in which such person is the proprietor, a partner, or the person having the controlling interest in the business; "controlling interest" includes the individual with the ownership or control of the largest number of outstanding shares owned by a single individual or corporation; (2) Have an indirect interest in the purchase of supplies, materials, equipment, or contractual services for the county unless the person publicly acknowledges the interest. A person who is not a member of a governing body and who is required to publicly acknowledge an indirect interest must do so by reporting the interest to the office of the county mayor to be compiled into a list that must be maintained as a public record. As used in this subdivision (a)(2), "indirect interest" means a contract in which a person is interested, but not directly so, and includes contracts where the person is directly interested and is the sole supplier of goods or services in the county; or (3) Accept or receive, directly or indirectly, from a person, firm, or corporation to which a contract or purchase order may be awarded, by rebate, gift, or otherwise, money or anything of value whatsoever, or a promise, obligation, or contract for future reward or compensation. (b) If an official subject to subsection (a) violates subsection (a), the official shall forfeit all compensation earned by the official under the contract and is removed from office. An official removed from office pursuant to this section is ineligible for the same or similar position for a period of ten (10) years following the date of the violation. Amended by 2022 Tenn. Acts, ch. 700, s 1, eff. 3/18/2022. Acts 1957, ch. 312, § 10; impl. am. Acts 1978, ch. 934, §§ 7, 36; T.C.A., § 5-1414; Acts 1989, ch. 591, § 18.
(a) The county purchasing agent, members of the county purchasing commission, members of the county legislative body, and other officials of the county shall not: (1) Have a direct interest in a contract or purchase order for supplies, materials, equipment, or contractual services used by or furnished to a department or agency of the county government. As used in this subdivision (a)(1), "direct interest" means a contract with such person personally or with a business in which such person is the proprietor, a partner, or the person having the controlling interest in the business; "controlling interest" includes the individual with the ownership or control of the largest number of outstanding shares owned by a single individual or corporation; (2) Have an indirect interest in the purchase of supplies, materials, equipment, or contractual services for the county unless the person publicly acknowledges the interest. A person who is not a member of a governing body and who is required to publicly acknowledge an indirect interest must do so by reporting the interest to the office of the county mayor to be compiled into a list that must be maintained as a public record. As used in this subdivision (a)(2), "indirect interest" means a contract in which a person is interested, but not directly so, and includes contracts where the person is directly interested and is the sole supplier of goods or services in the county; or (3) Accept or receive, directly or indirectly, from a person, firm, or corporation to which a contract or purchase order may be awarded, by rebate, gift, or otherwise, money or anything of value whatsoever, or a promise, obligation, or contract for future reward or compensation.
(1) Have a direct interest in a contract or purchase order for supplies, materials, equipment, or contractual services used by or furnished to a department or agency of the county government. As used in this subdivision (a)(1), "direct interest" means a contract with such person personally or with a business in which such person is the proprietor, a partner, or the person having the controlling interest in the business; "controlling interest" includes the individual with the ownership or control of the largest number of outstanding shares owned by a single individual or corporation;
(2) Have an indirect interest in the purchase of supplies, materials, equipment, or contractual services for the county unless the person publicly acknowledges the interest. A person who is not a member of a governing body and who is required to publicly acknowledge an indirect interest must do so by reporting the interest to the office of the county mayor to be compiled into a list that must be maintained as a public record. As used in this subdivision (a)(2), "indirect interest" means a contract in which a person is interested, but not directly so, and includes contracts where the person is directly interested and is the sole supplier of goods or services in the county; or
(3) Accept or receive, directly or indirectly, from a person, firm, or corporation to which a contract or purchase order may be awarded, by rebate, gift, or otherwise, money or anything of value whatsoever, or a promise, obligation, or contract for future reward or compensation.
(b) If an official subject to subsection (a) violates subsection (a), the official shall forfeit all compensation earned by the official under the contract and is removed from office. An official removed from office pursuant to this section is ineligible for the same or similar position for a period of ten (10) years following the date of the violation.
Amended by 2022 Tenn. Acts, ch. 700, s 1, eff. 3/18/2022.
Acts 1957, ch. 312, § 10; impl. am. Acts 1978, ch. 934, §§ 7, 36; T.C.A., § 5-1414; Acts 1989, ch. 591, § 18.
Tenn. Code Ann. § 5-12-103 — TN Code / Title 5 / Chapter 12 / Section 5-12-103
Local approval - Effect
Status: in_force

Any county that adopts this law, or the budgeting system provided for in this part, in accordance with § 5-12-102 , shall follow the general procedures set forth in this part in the preparation, adoption and execution of all budgets respecting all funds, activities and agencies of county government. Acts 1957, ch. 291, § 3; T.C.A., § 5-1203.
Any county that adopts this law, or the budgeting system provided for in this part, in accordance with § 5-12-102 , shall follow the general procedures set forth in this part in the preparation, adoption and execution of all budgets respecting all funds, activities and agencies of county government.
Acts 1957, ch. 291, § 3; T.C.A., § 5-1203.
Tenn. Code Ann. § 5-9-408 — TN Code / Title 5 / Chapter 9 / Section 5-9-408
Budgeting for county mayor's office
Status: in_force

The county legislative body shall not adopt a budget that reduces the budget for the county mayor's office below the budgeted amount for the previous fiscal year for office personnel salaries and benefits, office supplies, communication expenses, postal charges, duplicating services, professional development training, and membership dues and fees, unless the reduction is approved by the county mayor. Added by 2024 Tenn. Acts, ch. 933,s 1, eff. 5/6/2024.
The county legislative body shall not adopt a budget that reduces the budget for the county mayor's office below the budgeted amount for the previous fiscal year for office personnel salaries and benefits, office supplies, communication expenses, postal charges, duplicating services, professional development training, and membership dues and fees, unless the reduction is approved by the county mayor.
Added by 2024 Tenn. Acts, ch. 933,s 1, eff. 5/6/2024.
Tenn. Code Ann. § 5-8-206 — TN Code / Title 5 / Chapter 8 / Section 5-8-206
Monthly statements
Status: in_force

Before the fifteenth of each month, each of the contracting banks shall render a statement to the county trustee, showing the balance on hand and the interest thereon due the county to the first of the month, and the county trustee shall, in the county trustee's monthly report to the county mayor, as required by § 67-5-1902(a) , show the amount of the monthly balance as per bank statement, the interest to be placed by the trustee to the credit of the proper county fund. Acts 1909, ch. 305, § 6; Shan., § 647a6; Code 1932, § 1044; impl. am. Acts 1978, ch. 934, §§ 16, 36; T.C.A. (orig. ed.), § 5-815; Acts 1993, ch. 315, § 1; 2003, ch. 90, § 2.
Before the fifteenth of each month, each of the contracting banks shall render a statement to the county trustee, showing the balance on hand and the interest thereon due the county to the first of the month, and the county trustee shall, in the county trustee's monthly report to the county mayor, as required by § 67-5-1902(a) , show the amount of the monthly balance as per bank statement, the interest to be placed by the trustee to the credit of the proper county fund.
Acts 1909, ch. 305, § 6; Shan., § 647a6; Code 1932, § 1044; impl. am. Acts 1978, ch. 934, §§ 16, 36; T.C.A. (orig. ed.), § 5-815; Acts 1993, ch. 315, § 1; 2003, ch. 90, § 2.
Tenn. Code Ann. § 5-7-106 — TN Code / Title 5 / Chapter 7 / Section 5-7-106
Construction and maintenance costs - Tax levy
Status: in_force

The county buildings are to be erected and kept in order and repair at the expense of the county, under the direction of the county legislative body, and it may levy a special tax for this purpose. Code 1858, § 411; Shan., § 503; Code 1932, §755; impl. am. Acts 1978, ch. 934, §§ 7, 36; T.C.A. (orig. ed.), § 5-706.
The county buildings are to be erected and kept in order and repair at the expense of the county, under the direction of the county legislative body, and it may levy a special tax for this purpose.
Code 1858, § 411; Shan., § 503; Code 1932, §755; impl. am. Acts 1978, ch. 934, §§ 7, 36; T.C.A. (orig. ed.), § 5-706.
Tenn. Code Ann. § 5-1-124 — TN Code / Title 5 / Chapter 1 / Section 5-1-124
County hospitals - Authority to enter into contracts and agreements
Status: in_force

Notwithstanding any other law to the contrary, any county that owns and operates a hospital is authorized to enter into any contract or agreement that any privately owned hospital operating under title 68 is authorized to enter into, including, but not limited to, agreements authorized by title 68, chapter 11, part 13, and Acts 1995, ch. 466. Acts 1996, ch. 791, § 1.
Notwithstanding any other law to the contrary, any county that owns and operates a hospital is authorized to enter into any contract or agreement that any privately owned hospital operating under title 68 is authorized to enter into, including, but not limited to, agreements authorized by title 68, chapter 11, part 13, and Acts 1995, ch. 466.
Acts 1996, ch. 791, § 1.
Tenn. Code Ann. § 5-9-102 — TN Code / Title 5 / Chapter 9 / Section 5-9-102
State and county fairs
Status: in_force

The county legislative bodies may make appropriations of money to provide for exhibits of their agriculture, horticulture, and mineral products and resources and manufactured products and the erection of buildings and other permanent improvements at the fairs to be held within the respective counties, and for exhibits of their agriculture, horticulture, and mineral products and resources and manufactured products and the erection of buildings at the Tennessee State Fair held annually at the Wilson County fairgrounds, under the management of the Tennessee State Fair Association or Wilson County Promotions, Inc., or both; and to provide ways and means and prescribe rules and regulations governing the expenditure of any moneys so appropriated. Amended by 2021 Tenn. Acts, ch. 543, s 2, eff. 5/25/2021. Acts 1907, ch. 513, § 1; Shan., § 373a; 28; Acts 1919, ch. 72, § 1; Code 1932, § 10250; impl. am. Acts 1978, ch. 934, §§ 7, 36; T.C.A. (orig. ed.), § 5-902.
The county legislative bodies may make appropriations of money to provide for exhibits of their agriculture, horticulture, and mineral products and resources and manufactured products and the erection of buildings and other permanent improvements at the fairs to be held within the respective counties, and for exhibits of their agriculture, horticulture, and mineral products and resources and manufactured products and the erection of buildings at the Tennessee State Fair held annually at the Wilson County fairgrounds, under the management of the Tennessee State Fair Association or Wilson County Promotions, Inc., or both; and to provide ways and means and prescribe rules and regulations governing the expenditure of any moneys so appropriated.
Amended by 2021 Tenn. Acts, ch. 543, s 2, eff. 5/25/2021.
Acts 1907, ch. 513, § 1; Shan., § 373a; 28; Acts 1919, ch. 72, § 1; Code 1932, § 10250; impl. am. Acts 1978, ch. 934, §§ 7, 36; T.C.A. (orig. ed.), § 5-902.
Tenn. Code Ann. § 5-14-202 — TN Code / Title 5 / Chapter 14 / Section 5-14-202
Application of part
Status: in_force

This part applies to all purchases by authorized officials in all counties using or encumbering county funds, except that this part does not apply to purchases: (1) Made from county highway funds pursuant to § 54-7-113 ; (2) Made from county education funds pursuant to § 49-2-203 ; (3) Made by any county that has adopted either the County Purchasing Law of 1957, compiled in part 1 of this chapter, or the County Financial Management System of 1981, compiled in chapter 21 of this title; (4) Made by any county governed by a private act regarding purchasing if such private act provides for advertisement and competitive bidding before a purchase is made and if the dollar amount for each purchase requiring advertisement and competitive bidding is ten thousand dollars ($10,000) or some lesser amount; (5) Made under § 12-3-1201 ; (6) Made by any county having a population of seven hundred thousand (700,000) or more according to any federal census and governed by a private act regarding purchasing, if such private act provides for advertisement and competitive bidding before a purchase is made and if the dollar amount for each purchase requiring advertisement and competitive bidding is five thousand dollars ($5,000) or some lesser amount; (7) From nonprofit corporations, such as the Local Government Data Processing Corporation, whose purpose is to provide goods or services specifically to counties; or (8) Made by a county with a population of not less than two hundred thousand (200,000) according to any federal census, so long as the county through county or metropolitan government charter, private act, or ordinance has established a procedure regarding purchasing that provides for advertisement and competitive bidding and sets a dollar amount for each purchase requiring advertisement and competitive bidding; provided, that purchases of less than the dollar amount requiring advertisement and competitive bidding shall, wherever possible, be based upon at least three (3) competitive bids. Acts 1983, ch. 451, § 2; 1990, ch. 820, § 1; 1995, ch. 179, §§ 2, 3; 2007, ch. 135, § 2.
This part applies to all purchases by authorized officials in all counties using or encumbering county funds, except that this part does not apply to purchases:
(1) Made from county highway funds pursuant to § 54-7-113 ;
(2) Made from county education funds pursuant to § 49-2-203 ;
(3) Made by any county that has adopted either the County Purchasing Law of 1957, compiled in part 1 of this chapter, or the County Financial Management System of 1981, compiled in chapter 21 of this title;
(4) Made by any county governed by a private act regarding purchasing if such private act provides for advertisement and competitive bidding before a purchase is made and if the dollar amount for each purchase requiring advertisement and competitive bidding is ten thousand dollars ($10,000) or some lesser amount;
(5) Made under § 12-3-1201 ;
(6) Made by any county having a population of seven hundred thousand (700,000) or more according to any federal census and governed by a private act regarding purchasing, if such private act provides for advertisement and competitive bidding before a purchase is made and if the dollar amount for each purchase requiring advertisement and competitive bidding is five thousand dollars ($5,000) or some lesser amount;
(7) From nonprofit corporations, such as the Local Government Data Processing Corporation, whose purpose is to provide goods or services specifically to counties; or
(8) Made by a county with a population of not less than two hundred thousand (200,000) according to any federal census, so long as the county through county or metropolitan government charter, private act, or ordinance has established a procedure regarding purchasing that provides for advertisement and competitive bidding and sets a dollar amount for each purchase requiring advertisement and competitive bidding; provided, that purchases of less than the dollar amount requiring advertisement and competitive bidding shall, wherever possible, be based upon at least three (3) competitive bids.
Acts 1983, ch. 451, § 2; 1990, ch. 820, § 1; 1995, ch. 179, §§ 2, 3; 2007, ch. 135, § 2.
Tenn. Code Ann. § 5-1-123 — TN Code / Title 5 / Chapter 1 / Section 5-1-123
General sessions court empowered to enforce county rules
Status: in_force

The general sessions court or court exercising the powers of a general sessions court in any county has jurisdiction of matters related to §§ 5-1-118 - 5-1-123, and has the power to enforce regulations and resolutions by which counties may exercise authority under this part. In the event of a conflict between a regulation or resolution of a county made pursuant to this part and an ordinance or regulation of any municipality in the county, such conflict shall be resolved in favor of the municipality with respect to persons and property within the municipality. Acts 1995, ch. 264, § 1.
The general sessions court or court exercising the powers of a general sessions court in any county has jurisdiction of matters related to §§ 5-1-118 - 5-1-123, and has the power to enforce regulations and resolutions by which counties may exercise authority under this part. In the event of a conflict between a regulation or resolution of a county made pursuant to this part and an ordinance or regulation of any municipality in the county, such conflict shall be resolved in favor of the municipality with respect to persons and property within the municipality.
Acts 1995, ch. 264, § 1.
Tenn. Code Ann. § 5-5-126 — TN Code / Title 5 / Chapter 5 / Section 5-5-126
Powers and duties - Oaths of witnesses
Status: in_force

Power is given to members of the county legislative body to administer an oath or affirmation, as provided by law for witnesses appearing in a court of record of this state to give testimony in such court, when a witness is called to give testimony before the county legislative body or any committee of the county legislative body that has been created by a duly adopted resolution of the county legislative body. Acts 1979, ch. 71, § 1; T.C.A., § 5-528.
Power is given to members of the county legislative body to administer an oath or affirmation, as provided by law for witnesses appearing in a court of record of this state to give testimony in such court, when a witness is called to give testimony before the county legislative body or any committee of the county legislative body that has been created by a duly adopted resolution of the county legislative body.
Acts 1979, ch. 71, § 1; T.C.A., § 5-528.
Tenn. Code Ann. § 5-5-124 — TN Code / Title 5 / Chapter 5 / Section 5-5-124
Powers and duties - Correction of tax errors
Status: in_force

The county legislative bodies may release from double taxes, when they have been incurred, and correct errors in the tax list. Code 1858, § 4213 (deriv. Acts 1851-1852, ch. 171, § 1); Shan., § 6043; Code 1932, § 10240; Acts 1978, ch. 934, § 15; T.C.A. (orig. ed.), § 5-526.
The county legislative bodies may release from double taxes, when they have been incurred, and correct errors in the tax list.
Code 1858, § 4213 (deriv. Acts 1851-1852, ch. 171, § 1); Shan., § 6043; Code 1932, § 10240; Acts 1978, ch. 934, § 15; T.C.A. (orig. ed.), § 5-526.
Tenn. Code Ann. § 5-1-210 — TN Code / Title 5 / Chapter 1 / Section 5-1-210
Charter contents
Status: in_force

The proposed county charter shall provide: (1) For the creation of an alternative form of county government vested with any and all powers that counties are, or may hereafter be, authorized or required to exercise under the Constitution and general laws of the state, and any and all powers and duties of such county that are required or authorized by private acts effective on the date of ratification of such charter, as fully and completely as though the powers were specifically enumerated therein; (2) That such chartered county government shall be a public corporation, with perpetual succession, capable of suing and being sued, and capable of purchasing, receiving and holding property, real and personal, and of selling, leasing or disposing of the same to the extent as other counties; (3) For a county legislative body, which shall be the legislative body of the county and shall be given all the authority and functions of the legislative body of the county being chartered, with such exceptions and with such additional authority as may be specified elsewhere in this part; (4) For the size, method of election, qualification for holding office, method of removal, and procedures of the county legislative body with such other provisions with respect to such body as are normally related to the organization, powers and duties of governing bodies in counties; (5) For the assignment of administrative and executive functions to officers of the county government, which officers may be given, subject to such limitations as may be deemed appropriate or necessary, all or any part of the administrative and executive functions possessed by the county being chartered and such additional powers and duties, not inconsistent with general law or the Constitution of Tennessee; (6) For the names or titles of the administrative and executive officers of the county government, their qualifications, compensation, method of selection, tenure, removal, replacement and such other provisions with respect to such officers, not inconsistent with general law, as may be deemed necessary or appropriate for the county government; (7) For such administrative departments, agencies, boards and commissions as may be necessary and appropriate to perform the functions of county government in an efficient and coordinated manner and for this purpose for the alteration or abolition of existing county offices, departments, boards, commissions, agencies and functions, except where otherwise provided in this part or prohibited by the Constitution of Tennessee; (8) For the maintenance and administration of an effective civil service system and of county employees' retirement and pension systems and the regulation of such systems; provided, that nothing in this part or in a charter adopted pursuant to this part shall impair or diminish the rights and privileges of the existing employees under civil service or in the existing county employees' retirement and pension systems. Nothing in this subdivision (8) shall be construed to require any county to establish a civil service system or to establish and maintain its own retirement and pension system in the adoption of a charter form of county government; (9) For the method and procedure by which such charter may subsequently be amended; provided, that no such amendment shall be effective until submitted to the qualified voters of the county and approved by a majority of those voters voting thereon; (10) For such procedures, methods and steps as are determined to be necessary or appropriate to effectuate a transition from the existing county government to the chartered form of county government; (11) Such terms and provisions as are contained in any private act with respect to any county owned utility supported by its own revenues and operated, administered and managed pursuant to such private act; provided, that such terms and provisions of the charter may subsequently be amended pursuant to subdivision (9); and (12) That the duties of the constitutional county officers as prescribed by the general assembly shall not be diminished under a county charter form of government; provided, that such officers may be given additional duties under such charters. Acts 1979, ch. 402, § 10; T.C.A., § 5-130.
The proposed county charter shall provide:
(1) For the creation of an alternative form of county government vested with any and all powers that counties are, or may hereafter be, authorized or required to exercise under the Constitution and general laws of the state, and any and all powers and duties of such county that are required or authorized by private acts effective on the date of ratification of such charter, as fully and completely as though the powers were specifically enumerated therein;
(2) That such chartered county government shall be a public corporation, with perpetual succession, capable of suing and being sued, and capable of purchasing, receiving and holding property, real and personal, and of selling, leasing or disposing of the same to the extent as other counties;
(3) For a county legislative body, which shall be the legislative body of the county and shall be given all the authority and functions of the legislative body of the county being chartered, with such exceptions and with such additional authority as may be specified elsewhere in this part;
(4) For the size, method of election, qualification for holding office, method of removal, and procedures of the county legislative body with such other provisions with respect to such body as are normally related to the organization, powers and duties of governing bodies in counties;
(5) For the assignment of administrative and executive functions to officers of the county government, which officers may be given, subject to such limitations as may be deemed appropriate or necessary, all or any part of the administrative and executive functions possessed by the county being chartered and such additional powers and duties, not inconsistent with general law or the Constitution of Tennessee;
(6) For the names or titles of the administrative and executive officers of the county government, their qualifications, compensation, method of selection, tenure, removal, replacement and such other provisions with respect to such officers, not inconsistent with general law, as may be deemed necessary or appropriate for the county government;
(7) For such administrative departments, agencies, boards and commissions as may be necessary and appropriate to perform the functions of county government in an efficient and coordinated manner and for this purpose for the alteration or abolition of existing county offices, departments, boards, commissions, agencies and functions, except where otherwise provided in this part or prohibited by the Constitution of Tennessee;
(8) For the maintenance and administration of an effective civil service system and of county employees' retirement and pension systems and the regulation of such systems; provided, that nothing in this part or in a charter adopted pursuant to this part shall impair or diminish the rights and privileges of the existing employees under civil service or in the existing county employees' retirement and pension systems. Nothing in this subdivision (8) shall be construed to require any county to establish a civil service system or to establish and maintain its own retirement and pension system in the adoption of a charter form of county government;
(9) For the method and procedure by which such charter may subsequently be amended; provided, that no such amendment shall be effective until submitted to the qualified voters of the county and approved by a majority of those voters voting thereon;
(10) For such procedures, methods and steps as are determined to be necessary or appropriate to effectuate a transition from the existing county government to the chartered form of county government;
(11) Such terms and provisions as are contained in any private act with respect to any county owned utility supported by its own revenues and operated, administered and managed pursuant to such private act; provided, that such terms and provisions of the charter may subsequently be amended pursuant to subdivision (9); and
(12) That the duties of the constitutional county officers as prescribed by the general assembly shall not be diminished under a county charter form of government; provided, that such officers may be given additional duties under such charters.
Acts 1979, ch. 402, § 10; T.C.A., § 5-130.
Tenn. Code Ann. § 5-5-125 — TN Code / Title 5 / Chapter 5 / Section 5-5-125
Powers and duties - Exemptions from roadwork, peddling requirements
Status: in_force

The county legislative bodies may exempt any indigent, decrepit, or other persons unable by manual labor or physical exertion to obtain a living, from working on the public roads as provided in § 71-5-2302 , or allow persons to hawk and peddle, without license, as provided in § 67-4-102 . Code 1858, § 4212 (deriv. Acts 1845-1846, ch. 97); Shan., § 6042; Code 1932, § 10239; Acts 1978, ch. 934, § 15; 1979, ch. 23, § 4; T.C.A. (orig. ed.), § 5-527.
The county legislative bodies may exempt any indigent, decrepit, or other persons unable by manual labor or physical exertion to obtain a living, from working on the public roads as provided in § 71-5-2302 , or allow persons to hawk and peddle, without license, as provided in § 67-4-102 .
Code 1858, § 4212 (deriv. Acts 1845-1846, ch. 97); Shan., § 6042; Code 1932, § 10239; Acts 1978, ch. 934, § 15; 1979, ch. 23, § 4; T.C.A. (orig. ed.), § 5-527.
Tenn. Code Ann. § 5-14-115 — TN Code / Title 5 / Chapter 14 / Section 5-14-115
Application to schools
Status: in_force

(a) This part shall not apply to county school funds for any purpose, the county board of education and the county director of schools, unless approved by the commissioner of education. (b) Upon request by a majority vote of the local board of education and with the approval of the commissioner of education, applicability of this part as it applies to county school funds shall cease to be effective. Acts 1957, ch. 312, § 14a; T.C.A., § 5-1415; Acts 1982, ch. 809, § 1.
(a) This part shall not apply to county school funds for any purpose, the county board of education and the county director of schools, unless approved by the commissioner of education.
(b) Upon request by a majority vote of the local board of education and with the approval of the commissioner of education, applicability of this part as it applies to county school funds shall cease to be effective.
Acts 1957, ch. 312, § 14a; T.C.A., § 5-1415; Acts 1982, ch. 809, § 1.
Tenn. Code Ann. § 5-1-206 — TN Code / Title 5 / Chapter 1 / Section 5-1-206
Charter commission - Meetings - Organization - Staff
Status: in_force

(a) The members of the charter commission shall hold an organizational meeting at the courthouse at ten o'clock a.m. (10:00 a.m.) on the fifth weekday following their certification of election or, alternatively, as the case may be, on the fifth weekday following ratification by the county legislative body of the proclamation providing for their appointment, or at such subsequent date and place as a majority of the members may choose. (b) The charter commission shall elect a chair, chair pro tempore, a secretary, and such other officers as it may deem necessary. (c) The charter commission shall be authorized to employ such staff as may be required to assist it in drafting a charter for an alternate form of county government to be proposed for adoption. (d) Members of the charter commission shall not receive per diem or other compensation for their services, but may be reimbursed for actual expenses. (e) The staff employed by such commission shall be paid compensation as determined by such charter commission within the limits of funds available to it under this part. (f) Any vacancy in the office of charter commissioner shall be filled by an election of a new member by the county legislative body. (g) All meetings of the charter commission shall be held in compliance with title 8, chapter 44. Acts 1979, ch. 402, § 6; T.C.A., § 5-126; Acts 1983, ch. 422, § 2.
(a) The members of the charter commission shall hold an organizational meeting at the courthouse at ten o'clock a.m. (10:00 a.m.) on the fifth weekday following their certification of election or, alternatively, as the case may be, on the fifth weekday following ratification by the county legislative body of the proclamation providing for their appointment, or at such subsequent date and place as a majority of the members may choose.
(b) The charter commission shall elect a chair, chair pro tempore, a secretary, and such other officers as it may deem necessary.
(c) The charter commission shall be authorized to employ such staff as may be required to assist it in drafting a charter for an alternate form of county government to be proposed for adoption.
(d) Members of the charter commission shall not receive per diem or other compensation for their services, but may be reimbursed for actual expenses.
(e) The staff employed by such commission shall be paid compensation as determined by such charter commission within the limits of funds available to it under this part.
(f) Any vacancy in the office of charter commissioner shall be filled by an election of a new member by the county legislative body.
(g) All meetings of the charter commission shall be held in compliance with title 8, chapter 44.
Acts 1979, ch. 402, § 6; T.C.A., § 5-126; Acts 1983, ch. 422, § 2.
Tenn. Code Ann. § 5-3-119 — TN Code / Title 5 / Chapter 3 / Section 5-3-119
Debt reorganization - Bond retirement - Sinking fund
Status: in_force

(a) All bonds issued under §§ 5-3-113 - 5-3-121 shall be direct and general obligations of the unit issuing the same, for the payment of which the full faith and credit of the unit shall be irrevocably pledged. (b) (1) In each fiscal year while any funding or refunding bonds issued under §§ 5-3-113 - 5-3-121, shall be outstanding, there shall be levied upon all taxable property in the unit an ad valorem tax sufficient to pay the interest on the bonds as it falls due and the principal of such bonds that shall then have matured or that shall mature within the same fiscal year, and any sinking fund payments that may be provided for by the bonds or by the resolution authorizing the same, as well as all deficits in such interest, principal and sinking fund payments arising by failure to comply with §§ 5-3-113 - 5-3-121 or by failure to collect the taxes levied or otherwise; provided, that the governing body, in its discretion, may levy in any fiscal year a tax sufficient to pay, in addition to the interest and principal that shall fall due in such fiscal year, any portion of the interest or principal that shall fall due in any succeeding fiscal year, and may also levy in any fiscal year a tax for sinking fund payments, in addition to the tax required for such payments by the resolution authorizing any of such bonds. (2) The governing body may provide in the resolution authorizing the issuance of any such funding or refunding bonds, that any sinking fund provided for such bonds shall be used solely for the purchase or redemption of the bonds authorized by such resolution, and all bonds so purchased or redeemed shall be cancelled and shall not be reissued. Acts 1939, ch. 225, § 6; C. Supp. 1950, § 136.15 (Williams, §136.17); T.C.A. (orig. ed.), § 5-319.
(a) All bonds issued under §§ 5-3-113 - 5-3-121 shall be direct and general obligations of the unit issuing the same, for the payment of which the full faith and credit of the unit shall be irrevocably pledged.
(b) (1) In each fiscal year while any funding or refunding bonds issued under §§ 5-3-113 - 5-3-121, shall be outstanding, there shall be levied upon all taxable property in the unit an ad valorem tax sufficient to pay the interest on the bonds as it falls due and the principal of such bonds that shall then have matured or that shall mature within the same fiscal year, and any sinking fund payments that may be provided for by the bonds or by the resolution authorizing the same, as well as all deficits in such interest, principal and sinking fund payments arising by failure to comply with §§ 5-3-113 - 5-3-121 or by failure to collect the taxes levied or otherwise; provided, that the governing body, in its discretion, may levy in any fiscal year a tax sufficient to pay, in addition to the interest and principal that shall fall due in such fiscal year, any portion of the interest or principal that shall fall due in any succeeding fiscal year, and may also levy in any fiscal year a tax for sinking fund payments, in addition to the tax required for such payments by the resolution authorizing any of such bonds. (2) The governing body may provide in the resolution authorizing the issuance of any such funding or refunding bonds, that any sinking fund provided for such bonds shall be used solely for the purchase or redemption of the bonds authorized by such resolution, and all bonds so purchased or redeemed shall be cancelled and shall not be reissued.
(1) In each fiscal year while any funding or refunding bonds issued under §§ 5-3-113 - 5-3-121, shall be outstanding, there shall be levied upon all taxable property in the unit an ad valorem tax sufficient to pay the interest on the bonds as it falls due and the principal of such bonds that shall then have matured or that shall mature within the same fiscal year, and any sinking fund payments that may be provided for by the bonds or by the resolution authorizing the same, as well as all deficits in such interest, principal and sinking fund payments arising by failure to comply with §§ 5-3-113 - 5-3-121 or by failure to collect the taxes levied or otherwise; provided, that the governing body, in its discretion, may levy in any fiscal year a tax sufficient to pay, in addition to the interest and principal that shall fall due in such fiscal year, any portion of the interest or principal that shall fall due in any succeeding fiscal year, and may also levy in any fiscal year a tax for sinking fund payments, in addition to the tax required for such payments by the resolution authorizing any of such bonds.
(2) The governing body may provide in the resolution authorizing the issuance of any such funding or refunding bonds, that any sinking fund provided for such bonds shall be used solely for the purchase or redemption of the bonds authorized by such resolution, and all bonds so purchased or redeemed shall be cancelled and shall not be reissued.
Acts 1939, ch. 225, § 6; C. Supp. 1950, § 136.15 (Williams, §136.17); T.C.A. (orig. ed.), § 5-319.
Tenn. Code Ann. § 5-9-110 — TN Code / Title 5 / Chapter 9 / Section 5-9-110
Animal welfare
Status: in_force

The several counties of the state, after the affirmative vote on reference of the question to the people, shall be empowered to levy a tax and provide for the administration of its proceeds for the purpose of securing humane treatment of animals therein that are not subject to the state game and fish laws. Acts 1981, ch. 267, § 1.
The several counties of the state, after the affirmative vote on reference of the question to the people, shall be empowered to levy a tax and provide for the administration of its proceeds for the purpose of securing humane treatment of animals therein that are not subject to the state game and fish laws.
Acts 1981, ch. 267, § 1.
Tenn. Code Ann. § 5-21-104 — TN Code / Title 5 / Chapter 21 / Section 5-21-104
Financial management committee - General provisions
Status: in_force

(a) A county financial management committee is hereby created. (b) (1) The committee shall consist of the county mayor, supervisor of highways, director of schools, and four (4) members elected by the county legislative body at its regular September session of each year or at any subsequent session. (2) The four (4) members elected by the county legislative body need not be members of such body. (c) Such committee shall elect its own chair and shall meet from time to time as it may deem necessary for the discharge of its duties as provided in this section. (d) The director shall be the ex officio secretary of such committee. (e) (1) The committee shall establish and approve policies, procedures and regulations in addition to the specific provisions of this chapter, for implementing a sound and efficient financial system for administering the funds of the county. (2) Such system shall include budgeting, accounting, purchasing, payroll, cash management and such other financial matters necessary to an efficient system. Acts 1981, ch. 325, §4; 2003 , ch. 90, § 2.
(a) A county financial management committee is hereby created.
(b) (1) The committee shall consist of the county mayor, supervisor of highways, director of schools, and four (4) members elected by the county legislative body at its regular September session of each year or at any subsequent session. (2) The four (4) members elected by the county legislative body need not be members of such body.
(1) The committee shall consist of the county mayor, supervisor of highways, director of schools, and four (4) members elected by the county legislative body at its regular September session of each year or at any subsequent session.
(2) The four (4) members elected by the county legislative body need not be members of such body.
(c) Such committee shall elect its own chair and shall meet from time to time as it may deem necessary for the discharge of its duties as provided in this section.
(d) The director shall be the ex officio secretary of such committee.
(e) (1) The committee shall establish and approve policies, procedures and regulations in addition to the specific provisions of this chapter, for implementing a sound and efficient financial system for administering the funds of the county. (2) Such system shall include budgeting, accounting, purchasing, payroll, cash management and such other financial matters necessary to an efficient system.
(1) The committee shall establish and approve policies, procedures and regulations in addition to the specific provisions of this chapter, for implementing a sound and efficient financial system for administering the funds of the county.
(2) Such system shall include budgeting, accounting, purchasing, payroll, cash management and such other financial matters necessary to an efficient system.
Acts 1981, ch. 325, §4; 2003 , ch. 90, § 2.
Tenn. Code Ann. § 5-14-203 — TN Code / Title 5 / Chapter 14 / Section 5-14-203
Limits on purchases
Status: in_force

All purchases made from funds subject to the authority of this part shall be made within the limits of the approved budget and the appropriations made for the department, office or agency for which the purchase is made. Acts 1983, ch. 451, § 3.
All purchases made from funds subject to the authority of this part shall be made within the limits of the approved budget and the appropriations made for the department, office or agency for which the purchase is made.
Acts 1983, ch. 451, § 3.
Tenn. Code Ann. § 5-16-109 — TN Code / Title 5 / Chapter 16 / Section 5-16-109
Service charges - Rules and regulations
Status: in_force

(a) The board or administrative agency shall determine and fix charges to be made for furnishing any and all of the facilities as provided in this chapter, upon a basis calculated to ensure the fiscal solvency of the operation at all times. (b) The board or administrative agency is further authorized and directed to make and publish reasonable rules and regulations covering the use by any individual, firm or corporation of any facility furnished to users. (c) A board or administrative agency that is increasing the charges for fire protection services by more than ten percent (10%) shall obtain approval for such increase from the county legislative body prior to the increase taking effect. This subsection (c) applies in any county having a population greater than nine hundred thousand (900,000), according to the 2010 federal census or any subsequent federal census. Amended by 2018 Tenn. Acts, ch. 738,s 2, eff. 4/18/2018. Acts 1961, ch. 166, § 9; T.C.A., § 5-1609.
(a) The board or administrative agency shall determine and fix charges to be made for furnishing any and all of the facilities as provided in this chapter, upon a basis calculated to ensure the fiscal solvency of the operation at all times.
(b) The board or administrative agency is further authorized and directed to make and publish reasonable rules and regulations covering the use by any individual, firm or corporation of any facility furnished to users.
(c) A board or administrative agency that is increasing the charges for fire protection services by more than ten percent (10%) shall obtain approval for such increase from the county legislative body prior to the increase taking effect. This subsection (c) applies in any county having a population greater than nine hundred thousand (900,000), according to the 2010 federal census or any subsequent federal census.
Amended by 2018 Tenn. Acts, ch. 738,s 2, eff. 4/18/2018.
Acts 1961, ch. 166, § 9; T.C.A., § 5-1609.
Tenn. Code Ann. § 5-2-101 — TN Code / Title 5 / Chapter 2 / Section 5-2-101
New counties - General requirements
Status: in_force

(a) New counties may be established by the general assembly that consist of not less than two hundred seventy-five square miles (275 sq. mi.), and that shall contain a population of not less than seven hundred (700) qualified voters. (b) No line of such county shall approach the courthouse of any old county from which it may be taken nearer than eleven (11) miles, nor shall such old county be reduced to less than five hundred square miles (500 sq. mi.). (c) No part of a county shall be taken off to form a new county or a part thereof without the consent of two thirds (2/3) of the qualified voters in such part taken off; and 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. Code 1858, § 82 (deriv. Const. 1834, art. 10, § 4); Shan., § 100 (as mod. by Const. 1870, art. 10, § 4); Code 1932, § 117; T.C.A. (orig. ed.), § 5-201.
(a) New counties may be established by the general assembly that consist of not less than two hundred seventy-five square miles (275 sq. mi.), and that shall contain a population of not less than seven hundred (700) qualified voters.
(b) No line of such county shall approach the courthouse of any old county from which it may be taken nearer than eleven (11) miles, nor shall such old county be reduced to less than five hundred square miles (500 sq. mi.).
(c) No part of a county shall be taken off to form a new county or a part thereof without the consent of two thirds (2/3) of the qualified voters in such part taken off; and 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.
Code 1858, § 82 (deriv. Const. 1834, art. 10, § 4); Shan., § 100 (as mod. by Const. 1870, art. 10, § 4); Code 1932, § 117; T.C.A. (orig. ed.), § 5-201.
Tenn. Code Ann. § 5-17-106 — TN Code / Title 5 / Chapter 17 / Section 5-17-106
Fire and emergency services tax - Levy
Status: in_force

(a) The county legislative body or other governing body shall levy an annual fire and emergency services tax upon the property owners of each district. The county legislative body of any county having a population of not less than eighty thousand (80,000) nor more than eighty-three thousand (83,000), according to the 1990 federal census or any subsequent federal census, that after April 8, 1992, establishes a fire and emergency services tax district, may levy an annual fire and emergency services tax upon the property owners of each district. If a tax is levied, subsection (b) shall apply to such fire and emergency services tax. (b) The fire and emergency services tax of each fire and emergency services tax district shall be set at a rate sufficient to pay that district's share of the total budget of the county-wide fire department. Acts 1965, ch. 138, § 6; impl. am. Acts 1978, ch. 934, §§ 7, 36; T.C.A., § 5-1706; Acts 1992, ch. 649, §1; 2012 , ch. 771, § 1.
(a) The county legislative body or other governing body shall levy an annual fire and emergency services tax upon the property owners of each district. The county legislative body of any county having a population of not less than eighty thousand (80,000) nor more than eighty-three thousand (83,000), according to the 1990 federal census or any subsequent federal census, that after April 8, 1992, establishes a fire and emergency services tax district, may levy an annual fire and emergency services tax upon the property owners of each district. If a tax is levied, subsection (b) shall apply to such fire and emergency services tax.
(b) The fire and emergency services tax of each fire and emergency services tax district shall be set at a rate sufficient to pay that district's share of the total budget of the county-wide fire department.
Acts 1965, ch. 138, § 6; impl. am. Acts 1978, ch. 934, §§ 7, 36; T.C.A., § 5-1706; Acts 1992, ch. 649, §1; 2012 , ch. 771, § 1.
Tenn. Code Ann. § 5-1-112 — TN Code / Title 5 / Chapter 1 / Section 5-1-112
Civil districts undisturbed by county legislative body reapportionment
Status: in_force

The recordkeeping role of the present civil districts shall be left undisturbed, and the boundaries of civil districts shall be preserved as they exist at the time of the apportionment of the county legislative bodies and on March 7, 1978. Acts 1968, ch. 599, § 8; 1978, ch. 934, § 5; T.C.A., § 5-112.
The recordkeeping role of the present civil districts shall be left undisturbed, and the boundaries of civil districts shall be preserved as they exist at the time of the apportionment of the county legislative bodies and on March 7, 1978.
Acts 1968, ch. 599, § 8; 1978, ch. 934, § 5; T.C.A., § 5-112.
Tenn. Code Ann. § 5-5-107 — TN Code / Title 5 / Chapter 5 / Section 5-5-107
Compensation of members
Status: in_force

(a) The several county legislative bodies are authorized to fix the compensation of their membership in attending sessions of the county legislative body and duly authorized committees thereof. (b) (1) The counties are hereby classified in accordance with § 8-24-101 , and the compensation fixed by the county legislative body for attending sessions of the body shall in no case be less than the applicable amount as follows: Counties of the third class $35/day Counties of the fourth class $30/day Counties of the fifth class $25/day Counties of the sixth class $20/day Counties of the seventh class $20/day Counties of the eighth class $20/day (2) Upon adoption of a resolution by a two-thirds (2/3) vote of its membership, the county legislative body of any county having a population of not less than two hundred eighty-five thousand (285,000) nor more than two hundred eighty-six thousand (286,000), according to the 1990 federal census or any subsequent federal census, shall fix the salary of the members of the county legislative body by June 30, 1999, to become effective July 1, 1999. On July 1, 2000, and each July 1 thereafter, the compensation for members of the county legislative body shall be adjusted to reflect the same percentage increase the county mayor of such county is to receive. (c) A county may adopt a resolution to pay members of the legislative body: (1) An amount greater than the minimum daily compensation for attendance at meetings of the body as provided in subdivision (b)(1), or at committee meetings for which the member is an appointed member; (2) A base salary; or (3) A base salary and an amount greater than or equal to the minimum daily compensation for attendance at meetings of the body as provided in subdivision (b)(1), or at committee meetings for which the member is an appointed member. Notwithstanding subsection (d), a county opting to pay members under this subdivision (c)(3) may set the compensation rate for attendance at committee meetings of the legislative body. (d) The compensation fixed by the county legislative body for attending duly authorized committee meetings of such body shall be one-half (1/2) of the compensation paid for attending regular sessions of the body. (e) Any increase in compensation for members of the county legislative body does not take effect until the beginning of the term following the next election of county commissioners after the resolution increasing the compensation is adopted. Amended by 2020 Tenn. Acts, ch. 536, Secs.s 1, s 2 eff. 3/19/2020. Acts 1974, ch. 736, § 1; 1978, ch. 934, § 15; T.C.A., § 5-507; Acts 1980, ch. 687, § 1; 1990, ch. 1001, § 1; 1991, ch. 422, §§ 1, 2; 1993, ch. 121, § 1; 1999, ch. 174, § 1; 2003 , ch. 90, § 2.
(a) The several county legislative bodies are authorized to fix the compensation of their membership in attending sessions of the county legislative body and duly authorized committees thereof.
(b) (1) The counties are hereby classified in accordance with § 8-24-101 , and the compensation fixed by the county legislative body for attending sessions of the body shall in no case be less than the applicable amount as follows: Counties of the third class $35/day Counties of the fourth class $30/day Counties of the fifth class $25/day Counties of the sixth class $20/day Counties of the seventh class $20/day Counties of the eighth class $20/day (2) Upon adoption of a resolution by a two-thirds (2/3) vote of its membership, the county legislative body of any county having a population of not less than two hundred eighty-five thousand (285,000) nor more than two hundred eighty-six thousand (286,000), according to the 1990 federal census or any subsequent federal census, shall fix the salary of the members of the county legislative body by June 30, 1999, to become effective July 1, 1999. On July 1, 2000, and each July 1 thereafter, the compensation for members of the county legislative body shall be adjusted to reflect the same percentage increase the county mayor of such county is to receive.
(1) The counties are hereby classified in accordance with § 8-24-101 , and the compensation fixed by the county legislative body for attending sessions of the body shall in no case be less than the applicable amount as follows: Counties of the third class $35/day Counties of the fourth class $30/day Counties of the fifth class $25/day Counties of the sixth class $20/day Counties of the seventh class $20/day Counties of the eighth class $20/day
Counties of the third class $35/day Counties of the fourth class $30/day Counties of the fifth class $25/day Counties of the sixth class $20/day Counties of the seventh class $20/day Counties of the eighth class $20/day
Counties of the third class
$35/day
Counties of the fourth class
$30/day
Counties of the fifth class
$25/day
Counties of the sixth class
$20/day
Counties of the seventh class
$20/day
Counties of the eighth class
$20/day
(2) Upon adoption of a resolution by a two-thirds (2/3) vote of its membership, the county legislative body of any county having a population of not less than two hundred eighty-five thousand (285,000) nor more than two hundred eighty-six thousand (286,000), according to the 1990 federal census or any subsequent federal census, shall fix the salary of the members of the county legislative body by June 30, 1999, to become effective July 1, 1999. On July 1, 2000, and each July 1 thereafter, the compensation for members of the county legislative body shall be adjusted to reflect the same percentage increase the county mayor of such county is to receive.
(c) A county may adopt a resolution to pay members of the legislative body: (1) An amount greater than the minimum daily compensation for attendance at meetings of the body as provided in subdivision (b)(1), or at committee meetings for which the member is an appointed member; (2) A base salary; or (3) A base salary and an amount greater than or equal to the minimum daily compensation for attendance at meetings of the body as provided in subdivision (b)(1), or at committee meetings for which the member is an appointed member. Notwithstanding subsection (d), a county opting to pay members under this subdivision (c)(3) may set the compensation rate for attendance at committee meetings of the legislative body.
(1) An amount greater than the minimum daily compensation for attendance at meetings of the body as provided in subdivision (b)(1), or at committee meetings for which the member is an appointed member;
(2) A base salary; or
(3) A base salary and an amount greater than or equal to the minimum daily compensation for attendance at meetings of the body as provided in subdivision (b)(1), or at committee meetings for which the member is an appointed member. Notwithstanding subsection (d), a county opting to pay members under this subdivision (c)(3) may set the compensation rate for attendance at committee meetings of the legislative body.
(d) The compensation fixed by the county legislative body for attending duly authorized committee meetings of such body shall be one-half (1/2) of the compensation paid for attending regular sessions of the body.
(e) Any increase in compensation for members of the county legislative body does not take effect until the beginning of the term following the next election of county commissioners after the resolution increasing the compensation is adopted.
Amended by 2020 Tenn. Acts, ch. 536, Secs.s 1, s 2 eff. 3/19/2020.
Acts 1974, ch. 736, § 1; 1978, ch. 934, § 15; T.C.A., § 5-507; Acts 1980, ch. 687, § 1; 1990, ch. 1001, § 1; 1991, ch. 422, §§ 1, 2; 1993, ch. 121, § 1; 1999, ch. 174, § 1; 2003 , ch. 90, § 2.
Tenn. Code Ann. § 5-2-102 — TN Code / Title 5 / Chapter 2 / Section 5-2-102
New counties - Notice of petition for creation
Status: in_force

When it is intended to petition the general assembly to create a new county, notice of such intention shall be posted on meeting days of the county legislative bodies, at least sixty (60) days next preceding the annual election of representatives to the general assembly, at the front doors of the courthouses of the counties from which the new county is proposed to be formed, which notice shall set forth the names of such counties, and the metes and bounds proposed for the new county. Code 1858, § 83 (deriv. Acts 1849-1850, ch. 112); Shan., § 101; Code 1932, § 120; T.C.A. (orig. ed.), § 5-202.
When it is intended to petition the general assembly to create a new county, notice of such intention shall be posted on meeting days of the county legislative bodies, at least sixty (60) days next preceding the annual election of representatives to the general assembly, at the front doors of the courthouses of the counties from which the new county is proposed to be formed, which notice shall set forth the names of such counties, and the metes and bounds proposed for the new county.
Code 1858, § 83 (deriv. Acts 1849-1850, ch. 112); Shan., § 101; Code 1932, § 120; T.C.A. (orig. ed.), § 5-202.
Tenn. Code Ann. § 5-1-126 — TN Code / Title 5 / Chapter 1 / Section 5-1-126
Requirements prior to employment with county
Status: in_force

(a) A county may require all persons prior to employment with such county to: (1) Agree to the release of all investigative records to the county for the purpose of verifying the accuracy of criminal violation information contained on an employment application; and (2) Supply a fingerprint sample and submit to a criminal history records check to be conducted by the Tennessee bureau of investigation. In addition, to the extent permitted by federal law, and at the discretion of the county, a check of such prints may be made against records maintained by the federal bureau of investigation. (b) Any costs incurred by the Tennessee bureau of investigation or the federal bureau of investigation, as appropriate, in conducting such investigations of applicants shall be paid by the county requesting such investigation and information; provided, that the county may require an applicant to pay such costs if the applicant is offered and accepts a position with such county. Payment of such costs is to be made in accordance with § 38-6-103 . (c) A county may establish the job titles or classifications to which the requirements of this section apply. Such classifications shall not supersede any mandatory fingerprint-based criminal history background requirements that may be applicable for any person who is seeking employment in a position in any program subject to licensure, approval or certification by any state agency. Acts 2000, ch. 693, § 2.
(a) A county may require all persons prior to employment with such county to: (1) Agree to the release of all investigative records to the county for the purpose of verifying the accuracy of criminal violation information contained on an employment application; and (2) Supply a fingerprint sample and submit to a criminal history records check to be conducted by the Tennessee bureau of investigation. In addition, to the extent permitted by federal law, and at the discretion of the county, a check of such prints may be made against records maintained by the federal bureau of investigation.
(1) Agree to the release of all investigative records to the county for the purpose of verifying the accuracy of criminal violation information contained on an employment application; and
(2) Supply a fingerprint sample and submit to a criminal history records check to be conducted by the Tennessee bureau of investigation. In addition, to the extent permitted by federal law, and at the discretion of the county, a check of such prints may be made against records maintained by the federal bureau of investigation.
(b) Any costs incurred by the Tennessee bureau of investigation or the federal bureau of investigation, as appropriate, in conducting such investigations of applicants shall be paid by the county requesting such investigation and information; provided, that the county may require an applicant to pay such costs if the applicant is offered and accepts a position with such county. Payment of such costs is to be made in accordance with § 38-6-103 .
(c) A county may establish the job titles or classifications to which the requirements of this section apply. Such classifications shall not supersede any mandatory fingerprint-based criminal history background requirements that may be applicable for any person who is seeking employment in a position in any program subject to licensure, approval or certification by any state agency.
Acts 2000, ch. 693, § 2.
Tenn. Code Ann. § 5-5-105 — TN Code / Title 5 / Chapter 5 / Section 5-5-105
Special meetings
Status: in_force

(a) (1) The county mayor has the power to convene the legislative body in special session when, in the county mayor's opinion, the public necessities require it. (2) Upon written application to the chair of the legislative body by the county mayor or by a majority of the members of such body, then in that instance, it shall be mandatory for the chair to call a special session of such body. (3) The convening date of such body shall not be more than fifteen (15) days nor less than forty-eight (48) hours from the time of the filing of such application with the chair. (4) This subsection (a) shall not apply to counties of Class 1 as established by § 8-24-101 . (b) (1) The county mayor shall be authorized to call a special session of the county legislative body for emergency purposes only by publication in a newspaper published in the county, and by personal notification to the members of the county legislative body at least two (2) days before the time of the convening of the county legislative body, in any county that authorizes its county mayor to act in accordance with this subsection (b), by a two-thirds (2/3) vote of the county legislative body. (2) The call or notice shall specify the objects and purposes for which such special session is called, and no other business but that embraced in such call shall be transacted during such special session. (3) This subsection (b) shall apply only to any county having a population not less than two hundred eighty-seven thousand seven hundred (287,700) and not greater than two hundred eighty-seven thousand eight hundred (287,800), according to the 1980 federal census or any subsequent census. (c) (1) The call shall be made by publication in some newspaper published in the county, or by personal notices sent by the county clerk, at least five (5) days before the time of the convening of the county legislative body, which call or notice shall specify the objects and purposes for which the special session is called, and no other business but that embraced in the call shall be transacted during the sitting of the special term. (2) In the event no newspaper is published in the county, the notice shall be by personal service upon all the members of the county legislative body, such service to contain the purpose for which the body is convened, and to be at least five (5) days before the time for convening. (d) If notice of a special meeting under subsection (c) cannot be obtained in a manner timely enough to conduct the necessary business of the special meeting, the county legislative body shall provide notice to the public by: (1) Posting the notice in a location where a member of the community may become aware of such notice and on a website maintained by the county if the county has a website; (2) Including in the contents of the notice a reasonable description of the purpose of the meeting or action to be taken; and (3) Posting the notice at a time sufficiently in advance of the special meeting in order to give citizens an opportunity to become aware of and attend the meeting, but at least five (5) days before the county legislative body convenes for the special meeting. Amended by 2022 Tenn. Acts, ch. 830, s 1, eff. 4/19/2022. Acts 1889, ch. 257, § 1-3; Shan., §§ 5997-5999; Code 1932, §§ 10195-10197; Acts 1957, ch. 16, § 1; T.C.A. (orig. ed.), §§ 5-503, 5-504; Acts 1978, ch. 934, §§ 13, 15; impl. am. Acts 1978, ch. 934, §§ 22, 36; Acts 1979, ch. 11, § 1; T.C.A. (orig. ed.), § 5-505; Acts 1983, ch. 241, §§ 1-3; 2003 , ch. 90, § 2.
(a) (1) The county mayor has the power to convene the legislative body in special session when, in the county mayor's opinion, the public necessities require it. (2) Upon written application to the chair of the legislative body by the county mayor or by a majority of the members of such body, then in that instance, it shall be mandatory for the chair to call a special session of such body. (3) The convening date of such body shall not be more than fifteen (15) days nor less than forty-eight (48) hours from the time of the filing of such application with the chair. (4) This subsection (a) shall not apply to counties of Class 1 as established by § 8-24-101 .
(1) The county mayor has the power to convene the legislative body in special session when, in the county mayor's opinion, the public necessities require it.
(2) Upon written application to the chair of the legislative body by the county mayor or by a majority of the members of such body, then in that instance, it shall be mandatory for the chair to call a special session of such body.
(3) The convening date of such body shall not be more than fifteen (15) days nor less than forty-eight (48) hours from the time of the filing of such application with the chair.
(4) This subsection (a) shall not apply to counties of Class 1 as established by § 8-24-101 .
(b) (1) The county mayor shall be authorized to call a special session of the county legislative body for emergency purposes only by publication in a newspaper published in the county, and by personal notification to the members of the county legislative body at least two (2) days before the time of the convening of the county legislative body, in any county that authorizes its county mayor to act in accordance with this subsection (b), by a two-thirds (2/3) vote of the county legislative body. (2) The call or notice shall specify the objects and purposes for which such special session is called, and no other business but that embraced in such call shall be transacted during such special session. (3) This subsection (b) shall apply only to any county having a population not less than two hundred eighty-seven thousand seven hundred (287,700) and not greater than two hundred eighty-seven thousand eight hundred (287,800), according to the 1980 federal census or any subsequent census.
(1) The county mayor shall be authorized to call a special session of the county legislative body for emergency purposes only by publication in a newspaper published in the county, and by personal notification to the members of the county legislative body at least two (2) days before the time of the convening of the county legislative body, in any county that authorizes its county mayor to act in accordance with this subsection (b), by a two-thirds (2/3) vote of the county legislative body.
(2) The call or notice shall specify the objects and purposes for which such special session is called, and no other business but that embraced in such call shall be transacted during such special session.
(3) This subsection (b) shall apply only to any county having a population not less than two hundred eighty-seven thousand seven hundred (287,700) and not greater than two hundred eighty-seven thousand eight hundred (287,800), according to the 1980 federal census or any subsequent census.
(c) (1) The call shall be made by publication in some newspaper published in the county, or by personal notices sent by the county clerk, at least five (5) days before the time of the convening of the county legislative body, which call or notice shall specify the objects and purposes for which the special session is called, and no other business but that embraced in the call shall be transacted during the sitting of the special term. (2) In the event no newspaper is published in the county, the notice shall be by personal service upon all the members of the county legislative body, such service to contain the purpose for which the body is convened, and to be at least five (5) days before the time for convening.
(1) The call shall be made by publication in some newspaper published in the county, or by personal notices sent by the county clerk, at least five (5) days before the time of the convening of the county legislative body, which call or notice shall specify the objects and purposes for which the special session is called, and no other business but that embraced in the call shall be transacted during the sitting of the special term.
(2) In the event no newspaper is published in the county, the notice shall be by personal service upon all the members of the county legislative body, such service to contain the purpose for which the body is convened, and to be at least five (5) days before the time for convening.
(d) If notice of a special meeting under subsection (c) cannot be obtained in a manner timely enough to conduct the necessary business of the special meeting, the county legislative body shall provide notice to the public by: (1) Posting the notice in a location where a member of the community may become aware of such notice and on a website maintained by the county if the county has a website; (2) Including in the contents of the notice a reasonable description of the purpose of the meeting or action to be taken; and (3) Posting the notice at a time sufficiently in advance of the special meeting in order to give citizens an opportunity to become aware of and attend the meeting, but at least five (5) days before the county legislative body convenes for the special meeting.
(1) Posting the notice in a location where a member of the community may become aware of such notice and on a website maintained by the county if the county has a website;
(2) Including in the contents of the notice a reasonable description of the purpose of the meeting or action to be taken; and
(3) Posting the notice at a time sufficiently in advance of the special meeting in order to give citizens an opportunity to become aware of and attend the meeting, but at least five (5) days before the county legislative body convenes for the special meeting.
Amended by 2022 Tenn. Acts, ch. 830, s 1, eff. 4/19/2022.
Acts 1889, ch. 257, § 1-3; Shan., §§ 5997-5999; Code 1932, §§ 10195-10197; Acts 1957, ch. 16, § 1; T.C.A. (orig. ed.), §§ 5-503, 5-504; Acts 1978, ch. 934, §§ 13, 15; impl. am. Acts 1978, ch. 934, §§ 22, 36; Acts 1979, ch. 11, § 1; T.C.A. (orig. ed.), § 5-505; Acts 1983, ch. 241, §§ 1-3; 2003 , ch. 90, § 2.
Tenn. Code Ann. § 5-14-205 — TN Code / Title 5 / Chapter 14 / Section 5-14-205
Procedure for limited expenditures
Status: in_force

All purchases, leases, or lease-purchase agreements with expenditures of less than the maximum applicable threshold established pursuant to § 12-3-1212 in a fiscal year may be made in the open market without newspaper notice, but must, wherever possible, be based upon at least three (3) competitive bids. Amended by 2024 Tenn. Acts, ch. 513,s 4, eff. 3/1/2024. Acts 1983, ch. 451, § 5; 1995, ch. 179, § 5; 2007 , ch. 135, § 4.
All purchases, leases, or lease-purchase agreements with expenditures of less than the maximum applicable threshold established pursuant to § 12-3-1212 in a fiscal year may be made in the open market without newspaper notice, but must, wherever possible, be based upon at least three (3) competitive bids.
Amended by 2024 Tenn. Acts, ch. 513,s 4, eff. 3/1/2024.
Acts 1983, ch. 451, § 5; 1995, ch. 179, § 5; 2007 , ch. 135, § 4.
Tenn. Code Ann. § 5-9-111 — TN Code / Title 5 / Chapter 9 / Section 5-9-111
Funds for dues of associations composed of or for the benefit of county officeholders
Status: in_force

(a) The legislative body of each county is authorized to appropriate funds for the purpose of defraying the cost of dues to associations of particular county officeholders or associations made up of groups of county officeholders. (b) If the county legislative body of a county appropriates funds for the dues in such association for the benefit of the county mayor, county highway superintendent or members of the county legislative body, then such an appropriation sufficient to pay the cost of the annual association dues in an amount not to exceed one hundred dollars ($100) of the assessor of property, county clerk, state court clerks, sheriff, register of deeds and trustee in at least one (1) such association, as designated by the officeholder, shall be likewise appropriated by the county legislative body, upon the request of the officials. The county legislative body is authorized to appropriate sufficient amounts in excess of one hundred dollars ($100) to pay such association dues in the discretion of the county legislative body. (c) No such funds appropriated shall be used for lobbying activities as defined in § 3-6-102 , for the purpose of influencing legislative action relative to benefits or salaries of the association's members. Acts 1987, ch. 401, § 1; 1994, ch. 887, § 1; 2003, ch. 90, § 2.
(a) The legislative body of each county is authorized to appropriate funds for the purpose of defraying the cost of dues to associations of particular county officeholders or associations made up of groups of county officeholders.
(b) If the county legislative body of a county appropriates funds for the dues in such association for the benefit of the county mayor, county highway superintendent or members of the county legislative body, then such an appropriation sufficient to pay the cost of the annual association dues in an amount not to exceed one hundred dollars ($100) of the assessor of property, county clerk, state court clerks, sheriff, register of deeds and trustee in at least one (1) such association, as designated by the officeholder, shall be likewise appropriated by the county legislative body, upon the request of the officials. The county legislative body is authorized to appropriate sufficient amounts in excess of one hundred dollars ($100) to pay such association dues in the discretion of the county legislative body.
(c) No such funds appropriated shall be used for lobbying activities as defined in § 3-6-102 , for the purpose of influencing legislative action relative to benefits or salaries of the association's members.
Acts 1987, ch. 401, § 1; 1994, ch. 887, § 1; 2003, ch. 90, § 2.
Tenn. Code Ann. § 5-14-101 — TN Code / Title 5 / Chapter 14 / Section 5-14-101
Short title
Status: in_force

This part shall be known and may be cited as the "County Purchasing Law of 1957." Acts 1957, ch. 312, § 1; T.C.A., § 5-1401.
This part shall be known and may be cited as the "County Purchasing Law of 1957."
Acts 1957, ch. 312, § 1; T.C.A., § 5-1401.
Tenn. Code Ann. § 5-2-113 — TN Code / Title 5 / Chapter 2 / Section 5-2-113
Dissolution of new county - Fiduciaries
Status: in_force

The executors, administrators and guardians appointed in such dissolved counties, who have not settled and closed their trusts, shall make settlements in the court of general sessions of the county that would have had jurisdiction if such new county had never been organized; and such persons may be proceeded against as if appointed in the old county. Code 1858, § 87 (deriv. Acts 1849-1850, ch. 28, § 1); Shan., § 107; Code 1932, § 126; impl. am. Acts 1978, ch. 934, § 36; T.C.A. (orig. ed.), § 5-213.
The executors, administrators and guardians appointed in such dissolved counties, who have not settled and closed their trusts, shall make settlements in the court of general sessions of the county that would have had jurisdiction if such new county had never been organized; and such persons may be proceeded against as if appointed in the old county.
Code 1858, § 87 (deriv. Acts 1849-1850, ch. 28, § 1); Shan., § 107; Code 1932, § 126; impl. am. Acts 1978, ch. 934, § 36; T.C.A. (orig. ed.), § 5-213.
Tenn. Code Ann. § 5-21-114 — TN Code / Title 5 / Chapter 21 / Section 5-21-114
Monthly reports
Status: in_force

(a) (1) The director shall make a report at the end of each month showing the condition of the budget. (2) Such report shall show for each item of appropriation, or allotment thereof, the total expenditures for the month and the year to date, the amount of outstanding encumbrances and the amount of the unencumbered balance. (3) Such report shall also show for each fund an itemized statement of the revenues and receipts estimated for the year, the amount of the collections of each item for the month and the year to date and the unrealized portion of the estimate. (b) Each department head, elected official and board member shall be furnished copies of monthly reports for their respective departments as soon as the same are available. (c) (1) The most recent of such reports shall be presented by the director at each regular session of the county legislative body. (2) At such time, the director shall advise the county legislative body of the condition of the budget, and of any adjustment or reduction of appropriations that should be made, and shall recommend any other action that, in the director's opinion, the county legislative body should take in order that the financial condition of the county is not impaired. Acts 1981, ch. 325, § 14.
(a) (1) The director shall make a report at the end of each month showing the condition of the budget. (2) Such report shall show for each item of appropriation, or allotment thereof, the total expenditures for the month and the year to date, the amount of outstanding encumbrances and the amount of the unencumbered balance. (3) Such report shall also show for each fund an itemized statement of the revenues and receipts estimated for the year, the amount of the collections of each item for the month and the year to date and the unrealized portion of the estimate.
(1) The director shall make a report at the end of each month showing the condition of the budget.
(2) Such report shall show for each item of appropriation, or allotment thereof, the total expenditures for the month and the year to date, the amount of outstanding encumbrances and the amount of the unencumbered balance.
(3) Such report shall also show for each fund an itemized statement of the revenues and receipts estimated for the year, the amount of the collections of each item for the month and the year to date and the unrealized portion of the estimate.
(b) Each department head, elected official and board member shall be furnished copies of monthly reports for their respective departments as soon as the same are available.
(c) (1) The most recent of such reports shall be presented by the director at each regular session of the county legislative body. (2) At such time, the director shall advise the county legislative body of the condition of the budget, and of any adjustment or reduction of appropriations that should be made, and shall recommend any other action that, in the director's opinion, the county legislative body should take in order that the financial condition of the county is not impaired.
(1) The most recent of such reports shall be presented by the director at each regular session of the county legislative body.
(2) At such time, the director shall advise the county legislative body of the condition of the budget, and of any adjustment or reduction of appropriations that should be made, and shall recommend any other action that, in the director's opinion, the county legislative body should take in order that the financial condition of the county is not impaired.
Acts 1981, ch. 325, § 14.
Tenn. Code Ann. § 5-7-103 — TN Code / Title 5 / Chapter 7 / Section 5-7-103
Sites for offices
Status: in_force

The county legislative body of every county, a majority of the members being present and voting for it, may purchase and hold suitable sites for offices of the county clerks, and such other county offices as may be deemed expedient by the legislative body. Code 1858, § 409 (deriv. Acts 1839-1840, ch. 3, § 1); Shan., § 501; Code 1932, § 753; impl. am. Acts 1978, ch. 934, §§7, 22, 36; T.C.A. (orig. ed.), § 5-703.
The county legislative body of every county, a majority of the members being present and voting for it, may purchase and hold suitable sites for offices of the county clerks, and such other county offices as may be deemed expedient by the legislative body.
Code 1858, § 409 (deriv. Acts 1839-1840, ch. 3, § 1); Shan., § 501; Code 1932, § 753; impl. am. Acts 1978, ch. 934, §§7, 22, 36; T.C.A. (orig. ed.), § 5-703.
Tenn. Code Ann. § 5-9-201 — TN Code / Title 5 / Chapter 9 / Section 5-9-201
Legislative declaration - Appropriations for advertising authorized
Status: in_force

(a) Advertising the commercial, social, agricultural, industrial, scenic, recreational, historical, educational and other advantages, the points of interest and attractions within the various counties of Tennessee, and tourist promotion generally are declared to be a county purpose. (b) The county legislative body or other governing body of each county is authorized and empowered in its discretion to appropriate moneys from the general funds of such county for the purpose of advertising the commercial, social, agricultural, industrial, scenic, recreational, historical, educational and other advantages of such county, and the points of interest and attractions therein, for tourist promotion. Acts 1941, ch. 21, §§ 1, 2; C. Supp. 1950, §§ 10250.1, 10250.2 (Williams, §§ 844.1, 844.2); Acts 1968, ch. 474, § 1; 1977, ch. 55, § 1; impl. am. Acts 1978, ch. 934, §§ 7, 36; T.C.A. (orig. ed.), § 5-906.
(a) Advertising the commercial, social, agricultural, industrial, scenic, recreational, historical, educational and other advantages, the points of interest and attractions within the various counties of Tennessee, and tourist promotion generally are declared to be a county purpose.
(b) The county legislative body or other governing body of each county is authorized and empowered in its discretion to appropriate moneys from the general funds of such county for the purpose of advertising the commercial, social, agricultural, industrial, scenic, recreational, historical, educational and other advantages of such county, and the points of interest and attractions therein, for tourist promotion.
Acts 1941, ch. 21, §§ 1, 2; C. Supp. 1950, §§ 10250.1, 10250.2 (Williams, §§ 844.1, 844.2); Acts 1968, ch. 474, § 1; 1977, ch. 55, § 1; impl. am. Acts 1978, ch. 934, §§ 7, 36; T.C.A. (orig. ed.), § 5-906.
Tenn. Code Ann. § 5-5-109 — TN Code / Title 5 / Chapter 5 / Section 5-5-109
Voting
Status: in_force

(a) A majority of all the members constituting the county legislative body, and not merely a majority of the quorum, shall be required to: (1) Elect county officials required by law to be elected by the body; (2) Fix salaries; (3) Appropriate money; and (4) Transact all other business coming before the county legislative body in regular or special sessions. (b) (1) If the members of the county legislative body are equally divided upon any question coming before them upon which they may lawfully act, then and only then, a county mayor serving as chair may cast a deciding vote. (2) If the person serving as chair of the county legislative body is a regular member of the county legislative body, such person may not break a tie vote in the capacity of chair, but may cast a vote in the first instance as a regular member of the body. Code 1858, § 4190 (deriv. Acts 1835-1836, ch. 6, § 2); Acts 1875, ch. 63, § 2; integrated in Shan., § 6019; Code 1932, § 10218; Acts 1935, ch. 10, § 2; C. Supp. 1950, § 10218; Acts 1973, ch. 26, §§ 1, 2; 1978, ch. 934, § 15; modified; T.C.A. (orig. ed.), § 5-509; Acts 1983, ch. 138, § 1; 2003, ch. 90, § 2.
(a) A majority of all the members constituting the county legislative body, and not merely a majority of the quorum, shall be required to: (1) Elect county officials required by law to be elected by the body; (2) Fix salaries; (3) Appropriate money; and (4) Transact all other business coming before the county legislative body in regular or special sessions.
(1) Elect county officials required by law to be elected by the body;
(2) Fix salaries;
(3) Appropriate money; and
(4) Transact all other business coming before the county legislative body in regular or special sessions.
(b) (1) If the members of the county legislative body are equally divided upon any question coming before them upon which they may lawfully act, then and only then, a county mayor serving as chair may cast a deciding vote. (2) If the person serving as chair of the county legislative body is a regular member of the county legislative body, such person may not break a tie vote in the capacity of chair, but may cast a vote in the first instance as a regular member of the body.
(1) If the members of the county legislative body are equally divided upon any question coming before them upon which they may lawfully act, then and only then, a county mayor serving as chair may cast a deciding vote.
(2) If the person serving as chair of the county legislative body is a regular member of the county legislative body, such person may not break a tie vote in the capacity of chair, but may cast a vote in the first instance as a regular member of the body.
Code 1858, § 4190 (deriv. Acts 1835-1836, ch. 6, § 2); Acts 1875, ch. 63, § 2; integrated in Shan., § 6019; Code 1932, § 10218; Acts 1935, ch. 10, § 2; C. Supp. 1950, § 10218; Acts 1973, ch. 26, §§ 1, 2; 1978, ch. 934, § 15; modified; T.C.A. (orig. ed.), § 5-509; Acts 1983, ch. 138, § 1; 2003, ch. 90, § 2.
Tenn. Code Ann. § 5-3-106 — TN Code / Title 5 / Chapter 3 / Section 5-3-106
Dissolution of county - Transfer of functions, etc
Status: in_force

Immediately upon the effective date of the consolidation of the petitioning county, all county offices of the county shall be and stand abolished, and it shall be the duty of the several county officers in the county to surrender their offices, books, records, funds and other property, and account to the like officers in the county or counties as set forth in the plan for consolidation; and the receiving officers shall be and become entitled to the offices, books, records, funds and property; and the trustee or county clerk, as the case may be, of the absorbing county or counties, shall collect and disburse, as provided by law, all unpaid taxes, fines, licenses and fees for that portion of the county being consolidated with the absorbing county. Acts 1939, ch. 224, § 6; C. Supp. 1950, § 136.5 (Williams, § 136.6); impl. am. Acts 1978, ch. 934, §§ 22, 36; T.C.A. (orig. ed.), § 5-306.
Immediately upon the effective date of the consolidation of the petitioning county, all county offices of the county shall be and stand abolished, and it shall be the duty of the several county officers in the county to surrender their offices, books, records, funds and other property, and account to the like officers in the county or counties as set forth in the plan for consolidation; and the receiving officers shall be and become entitled to the offices, books, records, funds and property; and the trustee or county clerk, as the case may be, of the absorbing county or counties, shall collect and disburse, as provided by law, all unpaid taxes, fines, licenses and fees for that portion of the county being consolidated with the absorbing county.
Acts 1939, ch. 224, § 6; C. Supp. 1950, § 136.5 (Williams, § 136.6); impl. am. Acts 1978, ch. 934, §§ 22, 36; T.C.A. (orig. ed.), § 5-306.
Tenn. Code Ann. § 5-7-110 — TN Code / Title 5 / Chapter 7 / Section 5-7-110
Jail specifications
Status: in_force

(a) The county jail shall be of sufficient size and strength to contain and keep securely the inmates confined therein, and shall contain at least two (2) apartments, one (1) for males and one (1) for females. (b) The county jail shall be properly heated and ventilated, and have sufficient sewerage to ensure the health and comfort of the inmates. Code 1858, § 412; Acts 1873, ch. 104, § 1; Shan., § 504; Code 1932, § 756; T.C.A. (orig. ed.), § 5-710.
(a) The county jail shall be of sufficient size and strength to contain and keep securely the inmates confined therein, and shall contain at least two (2) apartments, one (1) for males and one (1) for females.
(b) The county jail shall be properly heated and ventilated, and have sufficient sewerage to ensure the health and comfort of the inmates.
Code 1858, § 412; Acts 1873, ch. 104, § 1; Shan., § 504; Code 1932, § 756; T.C.A. (orig. ed.), § 5-710.
Tenn. Code Ann. § 5-9-202 — TN Code / Title 5 / Chapter 9 / Section 5-9-202
Control of expenditures
Status: in_force

The funds appropriated pursuant to authority vested in the various county legislative bodies or governing bodies of counties in § 5-9-201 shall be used and expended under the direction and control of the county legislative bodies so appropriating the funds, or through such agency or agencies as they shall prescribe, and under such rules and regulations as they see fit. Acts 1941, ch. 21, § 3; C. Supp. 1950, § 10250.3 (Williams, § 844.3); impl. am. Acts 1978, ch. 934, §§ 7, 36; T.C.A. (orig. ed.), § 5-907.
The funds appropriated pursuant to authority vested in the various county legislative bodies or governing bodies of counties in § 5-9-201 shall be used and expended under the direction and control of the county legislative bodies so appropriating the funds, or through such agency or agencies as they shall prescribe, and under such rules and regulations as they see fit.
Acts 1941, ch. 21, § 3; C. Supp. 1950, § 10250.3 (Williams, § 844.3); impl. am. Acts 1978, ch. 934, §§ 7, 36; T.C.A. (orig. ed.), § 5-907.
Tenn. Code Ann. § 5-3-115 — TN Code / Title 5 / Chapter 3 / Section 5-3-115
Debt reorganization - Laws relating to particular county
Status: in_force

All bonds issued under §§ 5-3-113 - 5-3-121 shall be issued according to any other public or private act relating to the absorbing county; provided, that those acts are not in conflict with §§ 5-3-113 - 5-3-121. Acts 1939, ch. 225, § 3; C. Supp. 1950, § 136.12 (Williams, §136.14); T.C.A. (orig. ed.), § 5-315.
All bonds issued under §§ 5-3-113 - 5-3-121 shall be issued according to any other public or private act relating to the absorbing county; provided, that those acts are not in conflict with §§ 5-3-113 - 5-3-121.
Acts 1939, ch. 225, § 3; C. Supp. 1950, § 136.12 (Williams, §136.14); T.C.A. (orig. ed.), § 5-315.
Tenn. Code Ann. § 5-3-116 — TN Code / Title 5 / Chapter 3 / Section 5-3-116
Debt reorganization - Bond interest and maturity
Status: in_force

According to the debt reorganization plan, approved by the state consolidation committee, the governing body shall by resolution determine the rate or rates of interest to be paid on the bonds, not exceeding six percent (6%) per annum, and the time or times of payment of such interest, and the maturity or maturities of the bonds, which shall be at a time or times not exceeding twenty (20) years from the date of the bonds, in the case of funding bonds, and not exceeding thirty (30) years from the date of the bonds, in the case of refunding bonds; provided, that with the approval of the state consolidation committee, funding bonds may be made to mature at any time or times not exceeding thirty (30) years from the date of the bonds, and refunding bonds may be made to mature at any time or times not exceeding forty (40) years from the date of the bonds. Acts 1939, ch. 225, § 4; C. Supp. 1950, § 136.13 (Williams, §136.15); T.C.A. (orig. ed.), § 5-316.
According to the debt reorganization plan, approved by the state consolidation committee, the governing body shall by resolution determine the rate or rates of interest to be paid on the bonds, not exceeding six percent (6%) per annum, and the time or times of payment of such interest, and the maturity or maturities of the bonds, which shall be at a time or times not exceeding twenty (20) years from the date of the bonds, in the case of funding bonds, and not exceeding thirty (30) years from the date of the bonds, in the case of refunding bonds; provided, that with the approval of the state consolidation committee, funding bonds may be made to mature at any time or times not exceeding thirty (30) years from the date of the bonds, and refunding bonds may be made to mature at any time or times not exceeding forty (40) years from the date of the bonds.
Acts 1939, ch. 225, § 4; C. Supp. 1950, § 136.13 (Williams, §136.15); T.C.A. (orig. ed.), § 5-316.
Tenn. Code Ann. § 5-1-111 — TN Code / Title 5 / Chapter 1 / Section 5-1-111
County legislative bodies - Reapportionment
Status: in_force

(a) (1) Except as provided in subdivision (a)(2), prior to January 1, 1982, and at least every ten (10) years thereafter, county legislative bodies of the different counties shall meet and, a majority of the members being present and concurring, shall change the boundaries of districts, or redistrict a county entirely if necessary, to apportion the county legislative body so that the members represent substantially equal populations. (2) The January 1, 2022, deadline may be extended in the discretion of the comptroller of the treasury based on the United States census bureau delay in releasing the results of the 2020 federal census. (b) The county legislative body may increase or decrease the number of districts when the reapportionments are made. (c) A county legislative body may reapportion at any time if the county legislative body deems such action necessary to maintain substantially equal representation based on population. (d) The county legislative body must use the latest federal census data whenever a reapportionment is made. (e) Districts shall be reasonably compact and contiguous and shall not overlap. (f) (1) Except as provided in subdivision (f)(2), in the establishment of boundaries for districts, no precinct shall be split. (2) Upon written certification by the coordinator of elections, a county election commission may establish a precinct that encompasses two (2) or more districts in any county that has twenty (20) or more county legislative body districts. In making this determination the coordinator of elections shall consider, among other things, the type of voting equipment used in the county, as well as the racial makeup of the districts and the cost savings to the county. (g) Upon application of any citizen of the county affected, the chancery court of such county shall have original jurisdiction to review the county legislative body's apportionment, and shall have jurisdiction to make such orders and decrees amending the apportionment to comply with this section, or if the county legislative body fails to make apportionment, shall make a decree ordering an apportionment. (h) When a reapportionment is made, residents of a correctional institution who cannot by law register in the county as voters may be excluded from any consideration of representation. Amended by 2021 Tenn. Acts, ch. 262, s 1, eff. 4/28/2021. Amended by 2016 Tenn. Acts, ch. 954, s 1, eff. 4/27/2016. Acts 1968, ch. 599, §§ 1, 2, 3, 5, 6, 12; 1972, ch. 615, § 1; 1978, ch. 934, § 4; T.C.A., § 5-111; Acts 2002, ch. 653, § 1.
(a) (1) Except as provided in subdivision (a)(2), prior to January 1, 1982, and at least every ten (10) years thereafter, county legislative bodies of the different counties shall meet and, a majority of the members being present and concurring, shall change the boundaries of districts, or redistrict a county entirely if necessary, to apportion the county legislative body so that the members represent substantially equal populations. (2) The January 1, 2022, deadline may be extended in the discretion of the comptroller of the treasury based on the United States census bureau delay in releasing the results of the 2020 federal census.
(1) Except as provided in subdivision (a)(2), prior to January 1, 1982, and at least every ten (10) years thereafter, county legislative bodies of the different counties shall meet and, a majority of the members being present and concurring, shall change the boundaries of districts, or redistrict a county entirely if necessary, to apportion the county legislative body so that the members represent substantially equal populations.
(2) The January 1, 2022, deadline may be extended in the discretion of the comptroller of the treasury based on the United States census bureau delay in releasing the results of the 2020 federal census.
(b) The county legislative body may increase or decrease the number of districts when the reapportionments are made.
(c) A county legislative body may reapportion at any time if the county legislative body deems such action necessary to maintain substantially equal representation based on population.
(d) The county legislative body must use the latest federal census data whenever a reapportionment is made.
(e) Districts shall be reasonably compact and contiguous and shall not overlap.
(f) (1) Except as provided in subdivision (f)(2), in the establishment of boundaries for districts, no precinct shall be split. (2) Upon written certification by the coordinator of elections, a county election commission may establish a precinct that encompasses two (2) or more districts in any county that has twenty (20) or more county legislative body districts. In making this determination the coordinator of elections shall consider, among other things, the type of voting equipment used in the county, as well as the racial makeup of the districts and the cost savings to the county.
(1) Except as provided in subdivision (f)(2), in the establishment of boundaries for districts, no precinct shall be split.
(2) Upon written certification by the coordinator of elections, a county election commission may establish a precinct that encompasses two (2) or more districts in any county that has twenty (20) or more county legislative body districts. In making this determination the coordinator of elections shall consider, among other things, the type of voting equipment used in the county, as well as the racial makeup of the districts and the cost savings to the county.
(g) Upon application of any citizen of the county affected, the chancery court of such county shall have original jurisdiction to review the county legislative body's apportionment, and shall have jurisdiction to make such orders and decrees amending the apportionment to comply with this section, or if the county legislative body fails to make apportionment, shall make a decree ordering an apportionment.
(h) When a reapportionment is made, residents of a correctional institution who cannot by law register in the county as voters may be excluded from any consideration of representation.
Amended by 2021 Tenn. Acts, ch. 262, s 1, eff. 4/28/2021.
Amended by 2016 Tenn. Acts, ch. 954, s 1, eff. 4/27/2016.
Acts 1968, ch. 599, §§ 1, 2, 3, 5, 6, 12; 1972, ch. 615, § 1; 1978, ch. 934, § 4; T.C.A., § 5-111; Acts 2002, ch. 653, § 1.
Tenn. Code Ann. § 5-1-110 — TN Code / Title 5 / Chapter 1 / Section 5-1-110
District maps and boundaries
Status: in_force

(a) (1) The county legislative body shall make, or have made, a map showing civil districts of the county and shall have typed or printed a description of the boundaries of the civil districts. (2) The county legislative body shall make, or have made, a map showing the county districts from which the members are elected to the county legislative body. The county legislative body may also make, or have made, a census block equivalency file or a typed or printed description of the boundaries of the county districts. In the event of any discrepancy between the boundaries set forth on the map showing the county districts from which the members are elected to the county legislative body and the census block equivalency file or typed or printed description of the boundaries of the county districts, the boundaries set forth on the map shall control. (b) A copy of the map or maps and the accompanying descriptions of the civil district boundaries and, if any, the county district boundaries shall be filed with the county clerk, and a copy also shall be filed with the secretary of state and the comptroller of the treasury. (c) Revised maps shall be filed within ninety (90) days of any revision in any civil district or any other district from which members of the county legislative body are elected. Amended by 2018 Tenn. Acts, ch. 528,s 1, eff. 3/7/2018. Code 1858, § 80 (deriv. Acts 1835-1836, ch. 1, § 6); Shan., § 98; Code 1932, § 115; Acts 1968, ch. 599, § 9; 1978, ch. 934, § 3; T.C.A. (orig. ed.), § 5-110; Acts 2011, ch. 96, §§ 1-3.
(a) (1) The county legislative body shall make, or have made, a map showing civil districts of the county and shall have typed or printed a description of the boundaries of the civil districts. (2) The county legislative body shall make, or have made, a map showing the county districts from which the members are elected to the county legislative body. The county legislative body may also make, or have made, a census block equivalency file or a typed or printed description of the boundaries of the county districts. In the event of any discrepancy between the boundaries set forth on the map showing the county districts from which the members are elected to the county legislative body and the census block equivalency file or typed or printed description of the boundaries of the county districts, the boundaries set forth on the map shall control.
(1) The county legislative body shall make, or have made, a map showing civil districts of the county and shall have typed or printed a description of the boundaries of the civil districts.
(2) The county legislative body shall make, or have made, a map showing the county districts from which the members are elected to the county legislative body. The county legislative body may also make, or have made, a census block equivalency file or a typed or printed description of the boundaries of the county districts. In the event of any discrepancy between the boundaries set forth on the map showing the county districts from which the members are elected to the county legislative body and the census block equivalency file or typed or printed description of the boundaries of the county districts, the boundaries set forth on the map shall control.
(b) A copy of the map or maps and the accompanying descriptions of the civil district boundaries and, if any, the county district boundaries shall be filed with the county clerk, and a copy also shall be filed with the secretary of state and the comptroller of the treasury.
(c) Revised maps shall be filed within ninety (90) days of any revision in any civil district or any other district from which members of the county legislative body are elected.
Amended by 2018 Tenn. Acts, ch. 528,s 1, eff. 3/7/2018.
Code 1858, § 80 (deriv. Acts 1835-1836, ch. 1, § 6); Shan., § 98; Code 1932, § 115; Acts 1968, ch. 599, § 9; 1978, ch. 934, § 3; T.C.A. (orig. ed.), § 5-110; Acts 2011, ch. 96, §§ 1-3.
Tenn. Code Ann. § 5-1-116 — TN Code / Title 5 / Chapter 1 / Section 5-1-116
Building, safety and other standardized codes, incorporated by reference - Citations
Status: in_force

(a) If the county legislative body or any agency or instrumentality thereof incorporates by reference a building code, safety and health code, or any other standardized code or document, a copy of such code or document shall be obtained and retained as a public record by the respective legislative body, agency or instrumentality. (b) If any person is cited by the county legislative body or any agency or instrumentality thereof as having violated a building code, safety and health code, or any other standardized code or document that has been incorporated by reference pursuant to subsection (a), a notation shall be included in such citation identifying with specificity where a copy of the respective code or document is located and the hours during which such person has the opportunity to read or inspect such code or document. Acts 1993, ch. 478, § 1.
(a) If the county legislative body or any agency or instrumentality thereof incorporates by reference a building code, safety and health code, or any other standardized code or document, a copy of such code or document shall be obtained and retained as a public record by the respective legislative body, agency or instrumentality.
(b) If any person is cited by the county legislative body or any agency or instrumentality thereof as having violated a building code, safety and health code, or any other standardized code or document that has been incorporated by reference pursuant to subsection (a), a notation shall be included in such citation identifying with specificity where a copy of the respective code or document is located and the hours during which such person has the opportunity to read or inspect such code or document.
Acts 1993, ch. 478, § 1.
Tenn. Code Ann. § 5-1-201 — TN Code / Title 5 / Chapter 1 / Section 5-1-201
Purpose - Construction
Status: in_force

(a) It is hereby declared to be the legislative intent and purpose of this part to provide for the right to charter for counties as an alternate form of county government. (b) This part shall be liberally construed as a utilization of the constitutional power granted by amendment to the Constitution of Tennessee, article VII, § 1 approved at an election on March 7, 1978. Acts 1979, ch. 402, § 1; T.C.A., § 5-121.
(a) It is hereby declared to be the legislative intent and purpose of this part to provide for the right to charter for counties as an alternate form of county government.
(b) This part shall be liberally construed as a utilization of the constitutional power granted by amendment to the Constitution of Tennessee, article VII, § 1 approved at an election on March 7, 1978.
Acts 1979, ch. 402, § 1; T.C.A., § 5-121.
Tenn. Code Ann. § 5-19-108 — TN Code / Title 5 / Chapter 19 / Section 5-19-108
Tax levy
Status: in_force

Such garbage and rubbish collection and disposal services may be financed in whole or in part by a levy of a tax on all property in the county only if all persons in the county are to be equally served, but such a county-wide levy shall be unlawful if any city, town or special district in any city or town, that, through its own forces or by contract, provides such services within its boundaries, or if any other part of the county is to be excluded from the service area. Acts 1969, ch. 201, § 7; T.C.A., § 5-1908.
Such garbage and rubbish collection and disposal services may be financed in whole or in part by a levy of a tax on all property in the county only if all persons in the county are to be equally served, but such a county-wide levy shall be unlawful if any city, town or special district in any city or town, that, through its own forces or by contract, provides such services within its boundaries, or if any other part of the county is to be excluded from the service area.
Acts 1969, ch. 201, § 7; T.C.A., § 5-1908.
Tenn. Code Ann. § 5-6-104 — TN Code / Title 5 / Chapter 6 / Section 5-6-104
Qualifications
Status: in_force

(a) The county mayor shall be: (1) A qualified voter of the county; (2) At least twenty-five (25) years of age; and (3) A resident of the county for one (1) full year prior to the date of filing a nominating petition for election to such office. (b) The county mayor shall continue to reside in the county during the county mayor's term of office, and shall not, during the county mayor's term of office, hold any other public office for profit. Acts 1978, ch. 934, § 17; T.C.A., § 5-604; Acts 2003, ch. 90, § 2.
(a) The county mayor shall be: (1) A qualified voter of the county; (2) At least twenty-five (25) years of age; and (3) A resident of the county for one (1) full year prior to the date of filing a nominating petition for election to such office.
(1) A qualified voter of the county;
(2) At least twenty-five (25) years of age; and
(3) A resident of the county for one (1) full year prior to the date of filing a nominating petition for election to such office.
(b) The county mayor shall continue to reside in the county during the county mayor's term of office, and shall not, during the county mayor's term of office, hold any other public office for profit.
Acts 1978, ch. 934, § 17; T.C.A., § 5-604; Acts 2003, ch. 90, § 2.
Tenn. Code Ann. § 5-21-123 — TN Code / Title 5 / Chapter 21 / Section 5-21-123
County employees unaffected
Status: in_force

(a) Notwithstanding any provision of this chapter, each department, agency or official shall have the authority to hire personnel and set salaries and to determine the needs for its use, all subject to budget limitations and the availability of funds. (b) The authority of the committee, director or purchasing agent shall be limited to this chapter and such policies necessary to implement this chapter. They shall not have the authority to veto the hiring and dismissal of personnel of the various county departments, agencies, or officials or set salaries or determine the needs of such departments. Acts 1981, ch. 325, § 23.
(a) Notwithstanding any provision of this chapter, each department, agency or official shall have the authority to hire personnel and set salaries and to determine the needs for its use, all subject to budget limitations and the availability of funds.
(b) The authority of the committee, director or purchasing agent shall be limited to this chapter and such policies necessary to implement this chapter. They shall not have the authority to veto the hiring and dismissal of personnel of the various county departments, agencies, or officials or set salaries or determine the needs of such departments.
Acts 1981, ch. 325, § 23.
Tenn. Code Ann. § 5-8-604 — TN Code / Title 5 / Chapter 8 / Section 5-8-604
[Repealed]
Status: repealed

Repealed by 2016 Tenn. Acts, ch. 624, s 1, eff. 3/22/2016. Acts 1907, ch. 602, § 76; Shan., § 938; Acts 1921, ch. 135, § 2; Code 1932, § 1653; Acts 1959, ch. 231, § 1; 1971, ch. 294, §§ 1, 2; 1975, ch. 18, § 1; impl. am. Acts 1978, ch. 934, §§ 7, 36; T.C.A. (orig. ed.), § 5-834; Acts 1984, ch. 509, §§ 1, 2.
Repealed by 2016 Tenn. Acts, ch. 624, s 1, eff. 3/22/2016.
Acts 1907, ch. 602, § 76; Shan., § 938; Acts 1921, ch. 135, § 2; Code 1932, § 1653; Acts 1959, ch. 231, § 1; 1971, ch. 294, §§ 1, 2; 1975, ch. 18, § 1; impl. am. Acts 1978, ch. 934, §§ 7, 36; T.C.A. (orig. ed.), § 5-834; Acts 1984, ch. 509, §§ 1, 2.
Tenn. Code Ann. § 5-4-102 — TN Code / Title 5 / Chapter 4 / Section 5-4-102
Order of election
Status: in_force

The county legislative body may at any regular meeting, a majority of the members concurring, order an election to ascertain if the people desire the county seat to be removed. Acts 1881, ch. 98, §§ 1, 2; Shan., § 114; mod. Code 1932, § 132; impl. am. Acts 1978, ch. 934, §§ 7, 12, 36; T.C.A. (orig. ed.), § 5-402.
The county legislative body may at any regular meeting, a majority of the members concurring, order an election to ascertain if the people desire the county seat to be removed.
Acts 1881, ch. 98, §§ 1, 2; Shan., § 114; mod. Code 1932, § 132; impl. am. Acts 1978, ch. 934, §§ 7, 12, 36; T.C.A. (orig. ed.), § 5-402.
Tenn. Code Ann. § 5-8-403 — TN Code / Title 5 / Chapter 8 / Section 5-8-403
Payment to claimant
Status: in_force

The person to whom any money paid into the county treasury is due may apply to the county mayor for a warrant for the amount due that person, and, on presenting this warrant to the county trustee, the county trustee shall pay the amount, as in other cases, out of any money in the treasury. Code 1858, § 524 (deriv. Acts 1845-1846, ch. 32, § 6); Shan., § 664; Code 1932, § 1063; impl. am. Acts 1978, ch. 934, §§ 16, 36; T.C.A. (orig. ed.), § 5-823; Acts 2003, ch. 90, § 2.
The person to whom any money paid into the county treasury is due may apply to the county mayor for a warrant for the amount due that person, and, on presenting this warrant to the county trustee, the county trustee shall pay the amount, as in other cases, out of any money in the treasury.
Code 1858, § 524 (deriv. Acts 1845-1846, ch. 32, § 6); Shan., § 664; Code 1932, § 1063; impl. am. Acts 1978, ch. 934, §§ 16, 36; T.C.A. (orig. ed.), § 5-823; Acts 2003, ch. 90, § 2.
Tenn. Code Ann. § 5-4-104 — TN Code / Title 5 / Chapter 4 / Section 5-4-104
Counting of votes - Removal
Status: in_force

(a) The county election commission shall make its return to the county mayor, and at the next regular meeting of the county legislative body after the election, the vote shall be counted and the result declared. (b) If the proposition to remove the county seat received the requisite number of votes, then the county legislative body shall proceed to make all necessary provisions for the removal. Acts 1873, ch. 103, § 7; impl. am. Acts 1907, ch. 436; Shan., § 118; Code 1932, § 136; impl. am. Acts 1972, ch. 740, §7; impl. am. Acts 1978, ch. 934, §§ 7, 12, 16, 36; T.C.A. (orig. ed.), §5-406; Acts 2003 , ch. 90, § 2.
(a) The county election commission shall make its return to the county mayor, and at the next regular meeting of the county legislative body after the election, the vote shall be counted and the result declared.
(b) If the proposition to remove the county seat received the requisite number of votes, then the county legislative body shall proceed to make all necessary provisions for the removal.
Acts 1873, ch. 103, § 7; impl. am. Acts 1907, ch. 436; Shan., § 118; Code 1932, § 136; impl. am. Acts 1972, ch. 740, §7; impl. am. Acts 1978, ch. 934, §§ 7, 12, 16, 36; T.C.A. (orig. ed.), §5-406; Acts 2003 , ch. 90, § 2.
Tenn. Code Ann. § 5-1-107 — TN Code / Title 5 / Chapter 1 / Section 5-1-107
Mandamus to enforce county duties
Status: in_force

The performance of any duty made incumbent by law upon the county may be enforced by mandamus from the circuit court, according to the nature of the case. Code 1858, § 537; Shan., § 684; Code 1932, § 1080; T.C.A. (orig. ed.), § 5-107.
The performance of any duty made incumbent by law upon the county may be enforced by mandamus from the circuit court, according to the nature of the case.
Code 1858, § 537; Shan., § 684; Code 1932, § 1080; T.C.A. (orig. ed.), § 5-107.
Tenn. Code Ann. § 5-6-108 — TN Code / Title 5 / Chapter 6 / Section 5-6-108
Powers and duties - County property and accounts
Status: in_force

The county mayor shall be the accounting officer and general agent of the county; and, as such, the county mayor shall have power, and it shall be the county mayor's duty to: (1) Have the care and custody of all the county property, except such as is by law placed in the custody of other officers; (2) Appoint an agent or attorney to take care of such property, and fix such agent's or attorney's compensation; (3) Control all books, papers and instruments pertaining to the county mayor's office; (4) Audit all claims for money against the county; (5) Draw, without seal, all warrants upon the county treasury; (6) Audit and settle the accounts of the county trustee, and those of any other collector or receiver of county revenue, taxes, or incomes, payable into the county treasury, and those of any persons entrusted to receive or expend any money of the county; (7) Require such officers or persons to render and settle their accounts as directed by law, or by the authority under which they act; (8) Enter in a book, to be known as the warrant book, in the order of issuance, the number, date, amount and name of the drawee of each warrant drawn upon the treasury; (9) Keep in a suitable book an account of the receipts and expenditures of the county, so as to show clearly the assets of the county, and the debts payable to and by it, balancing the account semiannually, and generally to superintend the financial concerns of the county; and (10) Report, in writing, semiannually, to the county legislative body all moneys received and paid out, and a complete statement of the financial condition of the county, and the county mayor shall settle the county mayor's accounts once every year. Code 1858, § 421 (deriv. Acts 1855-1856, ch. 253, § 8; 1857-1858, ch. 38, § 8); impl. am. Acts 1859-1860, ch. 120, § 8; Acts 1879, ch. 76, § 3; Shan., § 517; Code 1932, § 769; Acts 1978, ch. 934, § 21; impl. am. Acts 1978, ch. 934, §§ 7, 36; T.C.A. (orig. ed.), § 5-608; Acts 2003, ch. 90, § 2.
The county mayor shall be the accounting officer and general agent of the county; and, as such, the county mayor shall have power, and it shall be the county mayor's duty to:
(1) Have the care and custody of all the county property, except such as is by law placed in the custody of other officers;
(2) Appoint an agent or attorney to take care of such property, and fix such agent's or attorney's compensation;
(3) Control all books, papers and instruments pertaining to the county mayor's office;
(4) Audit all claims for money against the county;
(5) Draw, without seal, all warrants upon the county treasury;
(6) Audit and settle the accounts of the county trustee, and those of any other collector or receiver of county revenue, taxes, or incomes, payable into the county treasury, and those of any persons entrusted to receive or expend any money of the county;
(7) Require such officers or persons to render and settle their accounts as directed by law, or by the authority under which they act;
(8) Enter in a book, to be known as the warrant book, in the order of issuance, the number, date, amount and name of the drawee of each warrant drawn upon the treasury;
(9) Keep in a suitable book an account of the receipts and expenditures of the county, so as to show clearly the assets of the county, and the debts payable to and by it, balancing the account semiannually, and generally to superintend the financial concerns of the county; and
(10) Report, in writing, semiannually, to the county legislative body all moneys received and paid out, and a complete statement of the financial condition of the county, and the county mayor shall settle the county mayor's accounts once every year.
Code 1858, § 421 (deriv. Acts 1855-1856, ch. 253, § 8; 1857-1858, ch. 38, § 8); impl. am. Acts 1859-1860, ch. 120, § 8; Acts 1879, ch. 76, § 3; Shan., § 517; Code 1932, § 769; Acts 1978, ch. 934, § 21; impl. am. Acts 1978, ch. 934, §§ 7, 36; T.C.A. (orig. ed.), § 5-608; Acts 2003, ch. 90, § 2.
Tenn. Code Ann. § 5-2-103 — TN Code / Title 5 / Chapter 2 / Section 5-2-103
Memorial for division of county
Status: in_force

(a) Any person desiring to divide a county shall prefer a memorial to the general assembly for that purpose. (b) The memorial shall describe the line or lines of the proposed division and be accompanied by a fair and accurate plat of the county to be divided, representing together the old counties and the new one, the survey and plat to be made by a sworn surveyor, and by such surveyor subscribed and certified to be just and true. Code 1858, §§ 88, 89 (deriv. Acts 1796 (March S.), ch. 13, §§1, 2); Shan., §§ 110, 111; Code 1932, §§129, 130; T.C.A. (orig. ed.), § 5-203.
(a) Any person desiring to divide a county shall prefer a memorial to the general assembly for that purpose.
(b) The memorial shall describe the line or lines of the proposed division and be accompanied by a fair and accurate plat of the county to be divided, representing together the old counties and the new one, the survey and plat to be made by a sworn surveyor, and by such surveyor subscribed and certified to be just and true.
Code 1858, §§ 88, 89 (deriv. Acts 1796 (March S.), ch. 13, §§1, 2); Shan., §§ 110, 111; Code 1932, §§129, 130; T.C.A. (orig. ed.), § 5-203.
Tenn. Code Ann. § 5-3-123 — TN Code / Title 5 / Chapter 3 / Section 5-3-123
State consolidation grants - Issuance
Status: in_force

(a) The proceeds derived from the sale of bonds issued under the authority of §§ 5-3-122 - 5-3-125 shall be deposited in a special fund to be used by the state consolidation committee for use as described in subsection (b). (b) (1) Within sixty (60) days after an entire county has consolidated with any other county, according to law, the state consolidation committee shall make a grant out of the proceeds of state bonds as described in subsection (a), to both the absorbed county and the absorbing county. (2) This grant shall be made, not to exceed fifty thousand dollars ($50,000) each, both to the absorbing county and absorbed county. (3) In the event that a portion of any county is absorbed by another county, the state consolidation committee shall make a grant, which shall be computed as follows: The amount of money to be granted for the portion of the absorbed county shall be that proportion of fifty thousand dollars ($50,000) that the amount of the assessed valuation being absorbed bears to the total taxable valuation of the whole county, a portion of which is being absorbed. (4) In the event that only a portion of a county is absorbed by another county, the state consolidation committee shall grant as much money to the absorbing county as is granted to the absorbed county. Acts 1939, ch. 226, § 2; C. Supp. 1950, § 136.19 (Williams, §136.22); T.C.A. (orig. ed.), § 5-323.
(a) The proceeds derived from the sale of bonds issued under the authority of §§ 5-3-122 - 5-3-125 shall be deposited in a special fund to be used by the state consolidation committee for use as described in subsection (b).
(b) (1) Within sixty (60) days after an entire county has consolidated with any other county, according to law, the state consolidation committee shall make a grant out of the proceeds of state bonds as described in subsection (a), to both the absorbed county and the absorbing county. (2) This grant shall be made, not to exceed fifty thousand dollars ($50,000) each, both to the absorbing county and absorbed county. (3) In the event that a portion of any county is absorbed by another county, the state consolidation committee shall make a grant, which shall be computed as follows: The amount of money to be granted for the portion of the absorbed county shall be that proportion of fifty thousand dollars ($50,000) that the amount of the assessed valuation being absorbed bears to the total taxable valuation of the whole county, a portion of which is being absorbed. (4) In the event that only a portion of a county is absorbed by another county, the state consolidation committee shall grant as much money to the absorbing county as is granted to the absorbed county.
(1) Within sixty (60) days after an entire county has consolidated with any other county, according to law, the state consolidation committee shall make a grant out of the proceeds of state bonds as described in subsection (a), to both the absorbed county and the absorbing county.
(2) This grant shall be made, not to exceed fifty thousand dollars ($50,000) each, both to the absorbing county and absorbed county.
(3) In the event that a portion of any county is absorbed by another county, the state consolidation committee shall make a grant, which shall be computed as follows: The amount of money to be granted for the portion of the absorbed county shall be that proportion of fifty thousand dollars ($50,000) that the amount of the assessed valuation being absorbed bears to the total taxable valuation of the whole county, a portion of which is being absorbed.
(4) In the event that only a portion of a county is absorbed by another county, the state consolidation committee shall grant as much money to the absorbing county as is granted to the absorbed county.
Acts 1939, ch. 226, § 2; C. Supp. 1950, § 136.19 (Williams, §136.22); T.C.A. (orig. ed.), § 5-323.
Tenn. Code Ann. § 5-21-101 — TN Code / Title 5 / Chapter 21 / Section 5-21-101
Short title
Status: in_force

This chapter shall be known and may be cited as the "County Financial Management System of 1981." Acts 1981, ch. 325, § 1.
This chapter shall be known and may be cited as the "County Financial Management System of 1981."
Acts 1981, ch. 325, § 1.
Tenn. Code Ann. § 5-14-110 — TN Code / Title 5 / Chapter 14 / Section 5-14-110
Emergency purchases
Status: in_force

(a) The county purchasing agent may authorize any department or agency of the county government to purchase in the open market, without filing requisition or estimate, 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; but such emergencies shall not include conditions arising from neglect or indifference in anticipating normal needs. (b) (1) Such direct emergency purchases, however, may only be made by department or agency heads at times when the office of the county purchasing agent is closed. (2) At all other times, only the county purchasing agent shall make these purchases. (3) A report of such emergency purchase, when made by a department or agency head, together with a record of the competitive bids secured and upon which it was based, shall be submitted in writing to the county purchasing agent before the close of the next working day following the date of such purchase, by the head of the county department or agency concerned, together with a full and complete account of the circumstances of such emergency. (4) Such report shall be kept on file and shall be open to public inspection. Acts 1957, ch. 312, § 9; T.C.A., § 5-1410.
(a) The county purchasing agent may authorize any department or agency of the county government to purchase in the open market, without filing requisition or estimate, 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; but such emergencies shall not include conditions arising from neglect or indifference in anticipating normal needs.
(b) (1) Such direct emergency purchases, however, may only be made by department or agency heads at times when the office of the county purchasing agent is closed. (2) At all other times, only the county purchasing agent shall make these purchases. (3) A report of such emergency purchase, when made by a department or agency head, together with a record of the competitive bids secured and upon which it was based, shall be submitted in writing to the county purchasing agent before the close of the next working day following the date of such purchase, by the head of the county department or agency concerned, together with a full and complete account of the circumstances of such emergency. (4) Such report shall be kept on file and shall be open to public inspection.
(1) Such direct emergency purchases, however, may only be made by department or agency heads at times when the office of the county purchasing agent is closed.
(2) At all other times, only the county purchasing agent shall make these purchases.
(3) A report of such emergency purchase, when made by a department or agency head, together with a record of the competitive bids secured and upon which it was based, shall be submitted in writing to the county purchasing agent before the close of the next working day following the date of such purchase, by the head of the county department or agency concerned, together with a full and complete account of the circumstances of such emergency.
(4) Such report shall be kept on file and shall be open to public inspection.
Acts 1957, ch. 312, § 9; T.C.A., § 5-1410.
Tenn. Code Ann. § 5-12-216 — TN Code / Title 5 / Chapter 12 / Section 5-12-216
Modification of dates
Status: in_force

If good cause is shown, such as, but not limited to, a reappraisal of property within the county, the comptroller of the treasury may, notwithstanding any law to the contrary, modify any dates required under this part in a particular county. Acts 1993, ch. 431, § 16.
If good cause is shown, such as, but not limited to, a reappraisal of property within the county, the comptroller of the treasury may, notwithstanding any law to the contrary, modify any dates required under this part in a particular county.
Acts 1993, ch. 431, § 16.
Tenn. Code Ann. § 5-23-111 — TN Code / Title 5 / Chapter 23 / Section 5-23-111
Compliance with Title VI
Status: in_force

No expenditure of public funds pursuant to this chapter shall be made in violation of Title VI of the Civil Rights Act of 1964 ( 42 U.S.C. § 2000d ). Acts 1997, ch. 361, § 13.
No expenditure of public funds pursuant to this chapter shall be made in violation of Title VI of the Civil Rights Act of 1964 ( 42 U.S.C. § 2000d ).
Acts 1997, ch. 361, § 13.
Tenn. Code Ann. § 5-12-212 — TN Code / Title 5 / Chapter 12 / Section 5-12-212
Requests for budget amendment - Approval
Status: in_force

When the budget has been adopted, whether by action of the county legislative body or by operation of law, any budget amendment requested by any department to appropriate local, state or federal revenues, received in excess of the estimates used to adopt the budget, may be approved by a majority vote of the county legislative body. Notwithstanding, any department requesting such approval shall give written notice to the county mayor at least seven (7) calendar days prior to consideration of the request by the county legislative body. Other amendments shall be approved as provided in § 5-12-213 . Acts 1993, ch. 431, § 12; 1994, ch. 656, § 1; 2003 , ch. 90, § 2.
When the budget has been adopted, whether by action of the county legislative body or by operation of law, any budget amendment requested by any department to appropriate local, state or federal revenues, received in excess of the estimates used to adopt the budget, may be approved by a majority vote of the county legislative body. Notwithstanding, any department requesting such approval shall give written notice to the county mayor at least seven (7) calendar days prior to consideration of the request by the county legislative body. Other amendments shall be approved as provided in § 5-12-213 .
Acts 1993, ch. 431, § 12; 1994, ch. 656, § 1; 2003 , ch. 90, § 2.
Tenn. Code Ann. § 5-9-405 — TN Code / Title 5 / Chapter 9 / Section 5-9-405
Provisions constitute minimum requirements
Status: in_force

The requirements set forth in §§ 5-9-401 - 5-9-404 shall constitute the minimum requirements of any department, commission, institution, board, office or agency of county government. Acts 1959, ch. 190, § 5; T.C.A., § 5-928.
The requirements set forth in §§ 5-9-401 - 5-9-404 shall constitute the minimum requirements of any department, commission, institution, board, office or agency of county government.
Acts 1959, ch. 190, § 5; T.C.A., § 5-928.
Tenn. Code Ann. § 5-5-101 — TN Code / Title 5 / Chapter 5 / Section 5-5-101
Basic legislative unit - Name changes
Status: in_force

(a) The county legislative body is established as a basic legislative unit of each county of this state; provided, that this subsection (a) shall not apply to counties that have already adopted the metropolitan form of government. (b) Effective September 1, 1978, except in any county organized under the consolidated government provisions of the Constitution of Tennessee, article XI, § 9, the quarterly county court, county council and any other forms of county legislative bodies are abolished and all legislative powers that remained with such court, council and other forms of legislative bodies are hereby vested in the county legislative body. The county legislative body is further vested with all legislative powers and duties vested in justices of the peace prior to May 11, 1978. (c) References to the quarterly county court, county council or other county legislative body appearing elsewhere in this code shall be deemed references to the county legislative body. (d) References to the magistrates, justices of the peace, members or membership of such court, council or body appearing elsewhere in this code shall be deemed references to the members of the county legislative body. Code 1858, §§ 4179, 4180, 4186 (deriv. Acts 1794, ch. 1, § 44; 1835-1836, ch. 6, § 1; 1837-1838, ch. 135, § 1); Acts 1875, ch. 70, §§ 1-3; integrated in Shan., § 5992; Code 1932, § 10193; Acts 1967, ch. 235, § 1; T.C.A. § 5-528; Acts 1978, ch. 934, §§ 7, 9; 1979, ch. 69, § 1; T.C.A. (orig. ed.), § 5-501.
(a) The county legislative body is established as a basic legislative unit of each county of this state; provided, that this subsection (a) shall not apply to counties that have already adopted the metropolitan form of government.
(b) Effective September 1, 1978, except in any county organized under the consolidated government provisions of the Constitution of Tennessee, article XI, § 9, the quarterly county court, county council and any other forms of county legislative bodies are abolished and all legislative powers that remained with such court, council and other forms of legislative bodies are hereby vested in the county legislative body. The county legislative body is further vested with all legislative powers and duties vested in justices of the peace prior to May 11, 1978.
(c) References to the quarterly county court, county council or other county legislative body appearing elsewhere in this code shall be deemed references to the county legislative body.
(d) References to the magistrates, justices of the peace, members or membership of such court, council or body appearing elsewhere in this code shall be deemed references to the members of the county legislative body.
Code 1858, §§ 4179, 4180, 4186 (deriv. Acts 1794, ch. 1, § 44; 1835-1836, ch. 6, § 1; 1837-1838, ch. 135, § 1); Acts 1875, ch. 70, §§ 1-3; integrated in Shan., § 5992; Code 1932, § 10193; Acts 1967, ch. 235, § 1; T.C.A. § 5-528; Acts 1978, ch. 934, §§ 7, 9; 1979, ch. 69, § 1; T.C.A. (orig. ed.), § 5-501.
Tenn. Code Ann. § 5-1-127 — TN Code / Title 5 / Chapter 1 / Section 5-1-127
Charter of incorporation to be posted on Internet
Status: in_force

(a) No later than January 1, 2009, every municipality and county, including any county having a charter form of government or metropolitan government, shall post its charter of incorporation, as most recently revised or amended, on a web site maintained by the municipality or county or on the web site maintained by the secretary of state, if the municipality or county does not have or maintain a web site. (b) Within three (3) months following any changes or revisions to the charter, the electronic language posted on the web site shall be corrected by the municipality or county to reflect such changes or revisions. The secretary of state is not responsible for maintaining the correct language of a charter, if the charter is posted on the web site maintained by the secretary of state. Acts 2008, ch. 808, § 1.
(a) No later than January 1, 2009, every municipality and county, including any county having a charter form of government or metropolitan government, shall post its charter of incorporation, as most recently revised or amended, on a web site maintained by the municipality or county or on the web site maintained by the secretary of state, if the municipality or county does not have or maintain a web site.
(b) Within three (3) months following any changes or revisions to the charter, the electronic language posted on the web site shall be corrected by the municipality or county to reflect such changes or revisions. The secretary of state is not responsible for maintaining the correct language of a charter, if the charter is posted on the web site maintained by the secretary of state.
Acts 2008, ch. 808, § 1.
Tenn. Code Ann. § 5-5-106 — TN Code / Title 5 / Chapter 5 / Section 5-5-106
Attendance at meetings
Status: in_force

Every member of the county legislative body shall be required to attend each and every session of the body, and allowed to vote and draw pay for attendance. Acts 1887, ch. 236, § 1; Shan., § 6000; Code 1932, § 10198; Acts 1978, ch. 934, § 15; T.C.A. (orig. ed.), § 5-506.
Every member of the county legislative body shall be required to attend each and every session of the body, and allowed to vote and draw pay for attendance.
Acts 1887, ch. 236, § 1; Shan., § 6000; Code 1932, § 10198; Acts 1978, ch. 934, § 15; T.C.A. (orig. ed.), § 5-506.
Tenn. Code Ann. § 5-6-112 — TN Code / Title 5 / Chapter 6 / Section 5-6-112
Powers and duties - Powers as financial officer
Status: in_force

The county mayor has the power to: (1) If there is no county attorney, employ or retain counsel, or both, to advise the county mayor and the members of the county legislative body as to their legal rights as such members, to prepare and draft resolutions for passage by the body, and to represent the county either as plaintiff or defendant in such suits as may be brought by or against the county, except suits by the county to collect delinquent taxes, which counsel shall be entitled to a reasonable fee for such counsel's services or retention, or both, to be fixed by a majority vote of the members of the county legislative body at one (1) of its regular sessions, to be paid out of the county general fund; (2) Require the clerks of the several courts to produce to the county mayor all records, documents, dockets and papers in their offices relating to each office, and tending to give information in relation to the county revenue collected by such officer for the use of the county; (3) Call or summon before the county mayor all witnesses having any knowledge relating to the county revenue; (4) Demand of each of the clerks of the several courts an account, on oath, of all moneys by such clerk collected for the use of the county, setting forth each separate item, from whom and at what time received, and the source from which it was derived; (5) Call the collectors of the county tax, at the time prescribed by law, for the purpose of making a final settlement for the year last past; (6) Call the county trustee to a settlement when required by law, or by the county legislative body; (7) Procure, at the expense of the county, a well bound book, and therein cause to be entered, on the left-hand pages, two (2) regular accounts, one (1) against the collectors of taxes and revenue, the other against the county trustee, stating the amount of all the taxes for which the collectors are accountable, and each item with which each of the officers is chargeable, on behalf of the county, expressing the manner in which it became due and owing, or by whom paid. And, on the right-hand page, opposite the debits, the county mayor shall cause to be entered each item or credit to which either of the officers is entitled, plainly showing the amount thereof and to whom paid; (8) Transfer the balance, if any, either for or against the county, to their respective accounts to be opened for the ensuing year, so that the county mayor may be enabled, when required by the county legislative body, plainly to show the state and condition of the county treasury, and in what manner the moneys thereof have been disbursed; and (9) Demand of the county clerk a list of the amount of taxes put into the hands of the collector, and due and owing for that year, together with sufficient vouchers, showing the amount of moneys by such clerk paid to the trustee, as required by law, for fines and forfeitures, and the amount of all appropriations made for the year by the county legislative body, with all necessary documents and vouchers showing any receipts or disbursements of county moneys. Code 1858, § 520; Shan., § 660; mod. Code 1932, § 1059; Acts 1947, ch. 114, § 1; C. Supp. 1950, § 1059; impl. am. Acts 1963, ch. 14, § 1; Acts 1978, ch. 934, § 21; impl. am. Acts 1978, ch. 934, §§ 7, 22, 36; T.C.A. (orig. ed.), § 5-612; Acts 2003, ch. 90, § 2.
The county mayor has the power to:
(1) If there is no county attorney, employ or retain counsel, or both, to advise the county mayor and the members of the county legislative body as to their legal rights as such members, to prepare and draft resolutions for passage by the body, and to represent the county either as plaintiff or defendant in such suits as may be brought by or against the county, except suits by the county to collect delinquent taxes, which counsel shall be entitled to a reasonable fee for such counsel's services or retention, or both, to be fixed by a majority vote of the members of the county legislative body at one (1) of its regular sessions, to be paid out of the county general fund;
(2) Require the clerks of the several courts to produce to the county mayor all records, documents, dockets and papers in their offices relating to each office, and tending to give information in relation to the county revenue collected by such officer for the use of the county;
(3) Call or summon before the county mayor all witnesses having any knowledge relating to the county revenue;
(4) Demand of each of the clerks of the several courts an account, on oath, of all moneys by such clerk collected for the use of the county, setting forth each separate item, from whom and at what time received, and the source from which it was derived;
(5) Call the collectors of the county tax, at the time prescribed by law, for the purpose of making a final settlement for the year last past;
(6) Call the county trustee to a settlement when required by law, or by the county legislative body;
(7) Procure, at the expense of the county, a well bound book, and therein cause to be entered, on the left-hand pages, two (2) regular accounts, one (1) against the collectors of taxes and revenue, the other against the county trustee, stating the amount of all the taxes for which the collectors are accountable, and each item with which each of the officers is chargeable, on behalf of the county, expressing the manner in which it became due and owing, or by whom paid. And, on the right-hand page, opposite the debits, the county mayor shall cause to be entered each item or credit to which either of the officers is entitled, plainly showing the amount thereof and to whom paid;
(8) Transfer the balance, if any, either for or against the county, to their respective accounts to be opened for the ensuing year, so that the county mayor may be enabled, when required by the county legislative body, plainly to show the state and condition of the county treasury, and in what manner the moneys thereof have been disbursed; and
(9) Demand of the county clerk a list of the amount of taxes put into the hands of the collector, and due and owing for that year, together with sufficient vouchers, showing the amount of moneys by such clerk paid to the trustee, as required by law, for fines and forfeitures, and the amount of all appropriations made for the year by the county legislative body, with all necessary documents and vouchers showing any receipts or disbursements of county moneys.
Code 1858, § 520; Shan., § 660; mod. Code 1932, § 1059; Acts 1947, ch. 114, § 1; C. Supp. 1950, § 1059; impl. am. Acts 1963, ch. 14, § 1; Acts 1978, ch. 934, § 21; impl. am. Acts 1978, ch. 934, §§ 7, 22, 36; T.C.A. (orig. ed.), § 5-612; Acts 2003, ch. 90, § 2.
Tenn. Code Ann. § 5-17-108 — TN Code / Title 5 / Chapter 17 / Section 5-17-108
Service supplementary
Status: in_force

Nothing in this chapter shall be construed to limit in any way the fire departments of any municipality or utility district providing fire service, but merely authorizes such county fire protection service to contract with municipalities or utility districts in order to coordinate fire service county-wide. Acts 1965, ch. 138, § 8; T.C.A., § 5-1708.
Nothing in this chapter shall be construed to limit in any way the fire departments of any municipality or utility district providing fire service, but merely authorizes such county fire protection service to contract with municipalities or utility districts in order to coordinate fire service county-wide.
Acts 1965, ch. 138, § 8; T.C.A., § 5-1708.
Tenn. Code Ann. § 5-12-113 — TN Code / Title 5 / Chapter 12 / Section 5-12-113
Application to schools, etc
Status: in_force

This part shall not apply to county school funds for any purpose, the county board of education, and the county director of schools unless approved by the commissioner of education. Acts 1957, ch. 291, § 12a; T.C.A., § 5-1213.
This part shall not apply to county school funds for any purpose, the county board of education, and the county director of schools unless approved by the commissioner of education.
Acts 1957, ch. 291, § 12a; T.C.A., § 5-1213.
Tenn. Code Ann. § 5-2-105 — TN Code / Title 5 / Chapter 2 / Section 5-2-105
Transferred areas - Continuing liability
Status: repealed

The fractions taken from old counties to form new counties, or taken from one (1) county and added to another shall continue to be liable for their pro rata of all debts contracted by their respective counties prior to the separation, and be entitled to their proportion of any stocks or credits belonging to such old counties. Const. 1870, art. 10, § 4; Shan., § 100a1; Code 1932, §118; T.C.A. (orig. ed.), § 5-205.
The fractions taken from old counties to form new counties, or taken from one (1) county and added to another shall continue to be liable for their pro rata of all debts contracted by their respective counties prior to the separation, and be entitled to their proportion of any stocks or credits belonging to such old counties.
Const. 1870, art. 10, § 4; Shan., § 100a1; Code 1932, §118; T.C.A. (orig. ed.), § 5-205.
Tenn. Code Ann. § 5-6-205 — TN Code / Title 5 / Chapter 6 / Section 5-6-205
Effect on private and other acts
Status: in_force

(a) Any law, private act or general act of local application in conflict with this chapter and chapters 1 and 5 of this title is hereby repealed. (b) Any law, private act or general law of local application not in conflict with this chapter and chapters 1 and 5 of this title shall remain in full force and effect; provided, that any conflict shall be construed in favor of implementing this chapter and chapters 1 and 5 of this title and repealing the conflicting law. (c) Nothing in this chapter and chapters 1 and 5 of this title shall be construed as affecting the operation or existence of boards, commissions, committees or other agencies of local government except as necessary to avoid conflict with express provisions hereof. Acts 1978, ch. 934, §§ 40, 41; T.C.A., § 5-655.
(a) Any law, private act or general act of local application in conflict with this chapter and chapters 1 and 5 of this title is hereby repealed.
(b) Any law, private act or general law of local application not in conflict with this chapter and chapters 1 and 5 of this title shall remain in full force and effect; provided, that any conflict shall be construed in favor of implementing this chapter and chapters 1 and 5 of this title and repealing the conflicting law.
(c) Nothing in this chapter and chapters 1 and 5 of this title shall be construed as affecting the operation or existence of boards, commissions, committees or other agencies of local government except as necessary to avoid conflict with express provisions hereof.
Acts 1978, ch. 934, §§ 40, 41; T.C.A., § 5-655.
Tenn. Code Ann. § 5-17-103 — TN Code / Title 5 / Chapter 17 / Section 5-17-103
County fire chief
Status: in_force

(a) The county-wide fire department shall be headed by an official to be known as the county fire chief, in whom shall be vested all the powers of the agency and the right to delegate those powers to such persons as the fire chief may see fit. (b) While responding to, operating at, or returning from an emergency site, the fire chief, or any member serving in the capacity of fire officer in charge, shall have all authority granted to municipal fire departments by § 6-21-703 . (c) The county fire chief shall be appointed by the county mayor, subject to confirmation by the county legislative body or other governing body. (d) In counties governed by a metropolitan government as defined by § 7-1-101 , this section shall not be effective, and the management and control of the agency or department shall be vested in the person in whom the charter of the metropolitan government vests the management and control of the agency that has the responsibility for the protection against fire of life and property within the urban services district. (e) In any county having a population of not less than eight hundred thousand (800,000), according to the 2000 federal census or any subsequent federal census, the county fire chief shall be appointed by the county mayor, subject to confirmation by the county legislative body. The county mayor and legislative body shall ensure that the views and opinions of all participating governmental entities are given full consideration in the selection of the fire chief, with the exact methodology to be determined by local ordinance. Acts 1965, ch. 138, § 3; 1968, ch. 611, § 4; 1978, ch. 674, § 1; impl. am. Acts 1978, ch. 934, §§ 7, 36; T.C.A., § 5-1703; Acts 1999, ch. 125, §4; 2003 , ch. 90, §2; 2007 , ch. 39, § 1.
(a) The county-wide fire department shall be headed by an official to be known as the county fire chief, in whom shall be vested all the powers of the agency and the right to delegate those powers to such persons as the fire chief may see fit.
(b) While responding to, operating at, or returning from an emergency site, the fire chief, or any member serving in the capacity of fire officer in charge, shall have all authority granted to municipal fire departments by § 6-21-703 .
(c) The county fire chief shall be appointed by the county mayor, subject to confirmation by the county legislative body or other governing body.
(d) In counties governed by a metropolitan government as defined by § 7-1-101 , this section shall not be effective, and the management and control of the agency or department shall be vested in the person in whom the charter of the metropolitan government vests the management and control of the agency that has the responsibility for the protection against fire of life and property within the urban services district.
(e) In any county having a population of not less than eight hundred thousand (800,000), according to the 2000 federal census or any subsequent federal census, the county fire chief shall be appointed by the county mayor, subject to confirmation by the county legislative body. The county mayor and legislative body shall ensure that the views and opinions of all participating governmental entities are given full consideration in the selection of the fire chief, with the exact methodology to be determined by local ordinance.
Acts 1965, ch. 138, § 3; 1968, ch. 611, § 4; 1978, ch. 674, § 1; impl. am. Acts 1978, ch. 934, §§ 7, 36; T.C.A., § 5-1703; Acts 1999, ch. 125, §4; 2003 , ch. 90, §2; 2007 , ch. 39, § 1.
Tenn. Code Ann. § 5-21-106 — TN Code / Title 5 / Chapter 21 / Section 5-21-106
Director - Appointment and compensation
Status: in_force

(a) (1) The committee shall appoint the director. (2) The committee may dismiss the director, subject to the approval of the county legislative body. (3) The director shall for all purposes be an employee of the county. (b) (1) The director shall have a minimum of a bachelor of science degree from an accredited college or university. Such person shall have had at least eighteen (18) quarter hours or equivalent semester hours in accounting. (2) The committee may select a person not having a bachelor of science degree or having a sufficient number of hours in accounting; provided, that such person has at least two (2) years of acceptable experience in a related position or an equivalent number of other related courses. (c) The compensation of the director shall be established by the committee, subject to the approval of the county legislative body. Acts 1981, ch. 325, § 6; 1986, ch. 732, § 1.
(a) (1) The committee shall appoint the director. (2) The committee may dismiss the director, subject to the approval of the county legislative body. (3) The director shall for all purposes be an employee of the county.
(1) The committee shall appoint the director.
(2) The committee may dismiss the director, subject to the approval of the county legislative body.
(3) The director shall for all purposes be an employee of the county.
(b) (1) The director shall have a minimum of a bachelor of science degree from an accredited college or university. Such person shall have had at least eighteen (18) quarter hours or equivalent semester hours in accounting. (2) The committee may select a person not having a bachelor of science degree or having a sufficient number of hours in accounting; provided, that such person has at least two (2) years of acceptable experience in a related position or an equivalent number of other related courses.
(1) The director shall have a minimum of a bachelor of science degree from an accredited college or university. Such person shall have had at least eighteen (18) quarter hours or equivalent semester hours in accounting.
(2) The committee may select a person not having a bachelor of science degree or having a sufficient number of hours in accounting; provided, that such person has at least two (2) years of acceptable experience in a related position or an equivalent number of other related courses.
(c) The compensation of the director shall be established by the committee, subject to the approval of the county legislative body.
Acts 1981, ch. 325, § 6; 1986, ch. 732, § 1.
Tenn. Code Ann. § 5-13-111 — TN Code / Title 5 / Chapter 13 / Section 5-13-111
Construction of chapter
Status: in_force

This chapter is not exclusive and shall not prevent the adoption of amendments to existing special or local laws pertaining to fiscal procedure, control and accounting, or the enactment of special or local acts creating central accounting systems, fiscal procedures, and offices of director of accounts and budgets. Acts 1957, ch. 313, § 10; T.C.A., § 5-1311.
This chapter is not exclusive and shall not prevent the adoption of amendments to existing special or local laws pertaining to fiscal procedure, control and accounting, or the enactment of special or local acts creating central accounting systems, fiscal procedures, and offices of director of accounts and budgets.
Acts 1957, ch. 313, § 10; T.C.A., § 5-1311.
Tenn. Code Ann. § 5-23-109 — TN Code / Title 5 / Chapter 23 / Section 5-23-109
Actions by counties against official or employee in derogation of chapter
Status: in_force

If a court finds a county liable as a result of acts or omissions by any official or employee in connection with the requirements of this chapter or any policies adopted pursuant to this chapter, then the county shall have a right of action for reimbursement against the official or employee whose conduct resulted in liability for the county not covered by insurance, where the conduct of the official or employee was intentional and knowing and constituted illegal behavior in the workplace. For purposes of this section, the words "intentional" and "knowing" have the same meanings as defined in § 39-11-302 . An official's or employee's conduct shall not constitute knowing or intentional illegal conduct in the workplace if the conduct was based on the written advice or opinion of the county attorney or the official's or employee's legal counsel. Acts 1997, ch. 361, § 9.
If a court finds a county liable as a result of acts or omissions by any official or employee in connection with the requirements of this chapter or any policies adopted pursuant to this chapter, then the county shall have a right of action for reimbursement against the official or employee whose conduct resulted in liability for the county not covered by insurance, where the conduct of the official or employee was intentional and knowing and constituted illegal behavior in the workplace. For purposes of this section, the words "intentional" and "knowing" have the same meanings as defined in § 39-11-302 . An official's or employee's conduct shall not constitute knowing or intentional illegal conduct in the workplace if the conduct was based on the written advice or opinion of the county attorney or the official's or employee's legal counsel.
Acts 1997, ch. 361, § 9.
Tenn. Code Ann. § 5-9-406 — TN Code / Title 5 / Chapter 9 / Section 5-9-406
Exemptions from application
Status: in_force

This part shall not apply with respect to offices that operate on fees collected by such offices. Acts 1959, ch. 190, § 6; T.C.A., § 5-929.
This part shall not apply with respect to offices that operate on fees collected by such offices.
Acts 1959, ch. 190, § 6; T.C.A., § 5-929.
Tenn. Code Ann. § 5-16-104 — TN Code / Title 5 / Chapter 16 / Section 5-16-104
Superintendent - Appointment - Compensation - Powers exercised on behalf of county
Status: in_force

(a) The general supervision and control of the acquisition, improvement, operation and maintenance of the urban type public facilities as provided in this chapter shall be in charge of the board or other agency as provided in this chapter. (b) If the powers of this chapter are exercised by an agency other than the board as provided in this chapter, such agency shall have at its head a person to be known as a superintendent, to be appointed by the county mayor, subject to confirmation by the county legislative body or other governing body, and if such powers are exercised by a board, such board shall appoint a superintendent. (c) (1) The superintendent in any case shall be a person who shall be qualified by training and experience for supervision over the maintenance and operation of the facilities as provided in this chapter. (2) Such person need not be a resident of the county or of the state at the time of such person's selection. (d) (1) In the event that the powers as provided in this chapter are exercised by an agency other than the board as provided in this chapter, the salary of the superintendent shall be fixed by the county legislative body or other governing body. (2) If such powers are exercised by the board as provided in this chapter, the salary shall be fixed by the board, subject to approval of the county legislative body or other governing body. (3) In either case, the superintendent shall serve at the pleasure of the appointing authority and shall be subject to removal by that authority at any time. (e) Within the limits of the funds available therefor, all powers to acquire, improve, operate and maintain the facilities as provided in this chapter, and all powers necessary or convenient thereto, conferred by this chapter shall be exercised on behalf of the county by the board, or other agency, and the superintendent respectively. Acts 1961, ch. 166, § 4; impl. am. Acts 1978, ch. 934, §§ 7, 16, 36; T.C.A., §5-1604; Acts 2003 , ch. 90, § 2.
(a) The general supervision and control of the acquisition, improvement, operation and maintenance of the urban type public facilities as provided in this chapter shall be in charge of the board or other agency as provided in this chapter.
(b) If the powers of this chapter are exercised by an agency other than the board as provided in this chapter, such agency shall have at its head a person to be known as a superintendent, to be appointed by the county mayor, subject to confirmation by the county legislative body or other governing body, and if such powers are exercised by a board, such board shall appoint a superintendent.
(c) (1) The superintendent in any case shall be a person who shall be qualified by training and experience for supervision over the maintenance and operation of the facilities as provided in this chapter. (2) Such person need not be a resident of the county or of the state at the time of such person's selection.
(1) The superintendent in any case shall be a person who shall be qualified by training and experience for supervision over the maintenance and operation of the facilities as provided in this chapter.
(2) Such person need not be a resident of the county or of the state at the time of such person's selection.
(d) (1) In the event that the powers as provided in this chapter are exercised by an agency other than the board as provided in this chapter, the salary of the superintendent shall be fixed by the county legislative body or other governing body. (2) If such powers are exercised by the board as provided in this chapter, the salary shall be fixed by the board, subject to approval of the county legislative body or other governing body. (3) In either case, the superintendent shall serve at the pleasure of the appointing authority and shall be subject to removal by that authority at any time.
(1) In the event that the powers as provided in this chapter are exercised by an agency other than the board as provided in this chapter, the salary of the superintendent shall be fixed by the county legislative body or other governing body.
(2) If such powers are exercised by the board as provided in this chapter, the salary shall be fixed by the board, subject to approval of the county legislative body or other governing body.
(3) In either case, the superintendent shall serve at the pleasure of the appointing authority and shall be subject to removal by that authority at any time.
(e) Within the limits of the funds available therefor, all powers to acquire, improve, operate and maintain the facilities as provided in this chapter, and all powers necessary or convenient thereto, conferred by this chapter shall be exercised on behalf of the county by the board, or other agency, and the superintendent respectively.
Acts 1961, ch. 166, § 4; impl. am. Acts 1978, ch. 934, §§ 7, 16, 36; T.C.A., §5-1604; Acts 2003 , ch. 90, § 2.
Tenn. Code Ann. § 5-12-207 — TN Code / Title 5 / Chapter 12 / Section 5-12-207
County mayor to furnish an estimate of revenue
Status: in_force

The county mayor shall furnish to the director of schools and to the chief administrative officer of the county highway department an estimate of the amount of revenue to be generated by one cent (1¢) of the county property tax for each taxing jurisdiction for the ensuing fiscal year and a form tax rate resolution on or before March 15 of each year. The assessor of property shall furnish such assessor's best estimate of the actual assessed value of all taxable property within the county for the ensuing year to the county mayor before March 15 of each year. Acts 1993, ch. 431, § 7; 2003 , ch. 90, § 2.
The county mayor shall furnish to the director of schools and to the chief administrative officer of the county highway department an estimate of the amount of revenue to be generated by one cent (1¢) of the county property tax for each taxing jurisdiction for the ensuing fiscal year and a form tax rate resolution on or before March 15 of each year. The assessor of property shall furnish such assessor's best estimate of the actual assessed value of all taxable property within the county for the ensuing year to the county mayor before March 15 of each year.
Acts 1993, ch. 431, § 7; 2003 , ch. 90, § 2.
Tenn. Code Ann. § 5-12-203 — TN Code / Title 5 / Chapter 12 / Section 5-12-203
Applicability
Status: in_force

This part applies to each department, office or agency funded, in whole or in part, from county appropriations. Nevertheless, with regard to entities receiving county funds pursuant to § 5-9-109 , only the requested county appropriation and expenditures of county funds shall be included within this part. Acts 1993, ch. 431, § 3.
This part applies to each department, office or agency funded, in whole or in part, from county appropriations. Nevertheless, with regard to entities receiving county funds pursuant to § 5-9-109 , only the requested county appropriation and expenditures of county funds shall be included within this part.
Acts 1993, ch. 431, § 3.
Tenn. Code Ann. § 5-5-122 — TN Code / Title 5 / Chapter 5 / Section 5-5-122
Powers and duties - Tax levy for public buildings
Status: in_force

The county legislative bodies have full power to lay any tax, from time to time, and, at any time that they may think proper, to build, extend or repair, any courthouse, jail or public office for county purposes. Code 1858, § 4211 (deriv. Acts 1829, ch. 99, § 1); Shan., § 6041; mod. Code 1932, § 10238; Acts 1978, ch. 934, § 15; T.C.A. (orig. ed.), § 5-524.
The county legislative bodies have full power to lay any tax, from time to time, and, at any time that they may think proper, to build, extend or repair, any courthouse, jail or public office for county purposes.
Code 1858, § 4211 (deriv. Acts 1829, ch. 99, § 1); Shan., § 6041; mod. Code 1932, § 10238; Acts 1978, ch. 934, § 15; T.C.A. (orig. ed.), § 5-524.
Tenn. Code Ann. § 5-6-102 — TN Code / Title 5 / Chapter 6 / Section 5-6-102
Election
Status: in_force

Election of the county mayor shall be in accordance with the following provisions: (1) In counties of Class 1 and counties of Class 2 having a county council form of county government as established by § 8-24-101 , in counties having a population of not less than twelve thousand three hundred fifty (12,350) nor more than twelve thousand three hundred seventy-five (12,375), or not less than thirty-eight thousand eight hundred (38,800) nor more than thirty-eight thousand nine hundred (38,900), by the federal census of 1970 or any subsequent federal census, and in counties having a chair of the county court on May 11, 1978, the county mayor shall be elected in the regular August election in 1978 and every four (4) years thereafter. (2) In all other counties, the county mayor shall be elected in the regular August election in 1978 and every four (4) years thereafter. Code 1858, § 4187 (deriv. Acts 1835-1836, ch. 6, § 4); impl. am. Acts 1887, ch. 236, § 2; Shan., § 6004; Code 1932, § 10202; impl. am. Acts 1935, ch. 10, § 1; C. Supp. 1950, § 10202; T.C.A. (orig. ed.), § 5-601 (b); Acts 1978, ch. 934, § 16; T.C.A. (orig. ed.), § 5-602; Acts 1981, ch. 219, § 3; 2003, ch. 90, § 2.
Election of the county mayor shall be in accordance with the following provisions:
(1) In counties of Class 1 and counties of Class 2 having a county council form of county government as established by § 8-24-101 , in counties having a population of not less than twelve thousand three hundred fifty (12,350) nor more than twelve thousand three hundred seventy-five (12,375), or not less than thirty-eight thousand eight hundred (38,800) nor more than thirty-eight thousand nine hundred (38,900), by the federal census of 1970 or any subsequent federal census, and in counties having a chair of the county court on May 11, 1978, the county mayor shall be elected in the regular August election in 1978 and every four (4) years thereafter.
(2) In all other counties, the county mayor shall be elected in the regular August election in 1978 and every four (4) years thereafter.
Code 1858, § 4187 (deriv. Acts 1835-1836, ch. 6, § 4); impl. am. Acts 1887, ch. 236, § 2; Shan., § 6004; Code 1932, § 10202; impl. am. Acts 1935, ch. 10, § 1; C. Supp. 1950, § 10202; T.C.A. (orig. ed.), § 5-601 (b); Acts 1978, ch. 934, § 16; T.C.A. (orig. ed.), § 5-602; Acts 1981, ch. 219, § 3; 2003, ch. 90, § 2.
Tenn. Code Ann. § 5-23-112 — TN Code / Title 5 / Chapter 23 / Section 5-23-112
Applicability
Status: in_force

This chapter is intended to supersede any conflicting general laws or private acts; provided, that this chapter shall not apply to any county with a population over eight hundred thousand (800,000) or any county that has adopted a metropolitan form of government. Acts 1997, ch. 361, § 11.
This chapter is intended to supersede any conflicting general laws or private acts; provided, that this chapter shall not apply to any county with a population over eight hundred thousand (800,000) or any county that has adopted a metropolitan form of government.
Acts 1997, ch. 361, § 11.
Tenn. Code Ann. § 5-2-114 — TN Code / Title 5 / Chapter 2 / Section 5-2-114
Location of boundaries - Authority of state board of equalization
Status: in_force

The state board of equalization shall have jurisdiction to determine the location of county boundaries. Acts 1972, ch. 622, § 1; T.C.A., § 5-214.
The state board of equalization shall have jurisdiction to determine the location of county boundaries.
Acts 1972, ch. 622, § 1; T.C.A., § 5-214.
Tenn. Code Ann. § 5-5-120 — TN Code / Title 5 / Chapter 5 / Section 5-5-120
Powers and duties - Commissioners for local improvements
Status: in_force

The county legislative bodies have power to appoint commissioners for towns, toll bridges and other public improvements, and to fill all vacancies that may at any time occur among the commissioners, as prescribed. Code 1858, § 4207 (deriv. Acts 1817, ch. 136, § 2; 1835-1836, ch. 29, § 12); Shan., § 6039; Code 1932, § 10236; Acts 1978, ch. 934, § 15; T.C.A. (orig. ed.), § 5-522.
The county legislative bodies have power to appoint commissioners for towns, toll bridges and other public improvements, and to fill all vacancies that may at any time occur among the commissioners, as prescribed.
Code 1858, § 4207 (deriv. Acts 1817, ch. 136, § 2; 1835-1836, ch. 29, § 12); Shan., § 6039; Code 1932, § 10236; Acts 1978, ch. 934, § 15; T.C.A. (orig. ed.), § 5-522.
Tenn. Code Ann. § 5-21-115 — TN Code / Title 5 / Chapter 21 / Section 5-21-115
Accounting system - Preaudit of invoices, etc
Status: in_force

(a) There shall be set up and maintained in the department a system of fiscal procedure, control and centralized accounting, which shall be under the administrative control and direction of the director. The procedures and records shall be maintained in accordance with § 5-21-103(d) . (b) (1) Before any obligation against the county shall be paid or any disbursement warrant or voucher issued, a detailed invoice, receivable copy of the purchase order, or such document indicating receipt of merchandise or service should be approved by the head of an office, department or agency for which the obligation was made and be filed with the director. (2) The director shall establish a system for making a careful preaudit of such invoice, purchase order, or other documents, including a comparison with any encumbrance document previously posted or filed authorizing such obligation, and shall approve for payment only such items as appear to be correct, properly authorized, and not exceeding the otherwise unencumbered balance of the allotments or appropriations against which they are chargeable. (3) Disbursement warrants shall be promptly prepared for all such approved obligations by the director, signed in accordance with § 5-21-116 and mailed or delivered to the payees thereof. Amended by 2018 Tenn. Acts, ch. 495,s 2, eff. 2/22/2018. Acts 1981, ch. 325, § 15.
(a) There shall be set up and maintained in the department a system of fiscal procedure, control and centralized accounting, which shall be under the administrative control and direction of the director. The procedures and records shall be maintained in accordance with § 5-21-103(d) .
(b) (1) Before any obligation against the county shall be paid or any disbursement warrant or voucher issued, a detailed invoice, receivable copy of the purchase order, or such document indicating receipt of merchandise or service should be approved by the head of an office, department or agency for which the obligation was made and be filed with the director. (2) The director shall establish a system for making a careful preaudit of such invoice, purchase order, or other documents, including a comparison with any encumbrance document previously posted or filed authorizing such obligation, and shall approve for payment only such items as appear to be correct, properly authorized, and not exceeding the otherwise unencumbered balance of the allotments or appropriations against which they are chargeable. (3) Disbursement warrants shall be promptly prepared for all such approved obligations by the director, signed in accordance with § 5-21-116 and mailed or delivered to the payees thereof.
(1) Before any obligation against the county shall be paid or any disbursement warrant or voucher issued, a detailed invoice, receivable copy of the purchase order, or such document indicating receipt of merchandise or service should be approved by the head of an office, department or agency for which the obligation was made and be filed with the director.
(2) The director shall establish a system for making a careful preaudit of such invoice, purchase order, or other documents, including a comparison with any encumbrance document previously posted or filed authorizing such obligation, and shall approve for payment only such items as appear to be correct, properly authorized, and not exceeding the otherwise unencumbered balance of the allotments or appropriations against which they are chargeable.
(3) Disbursement warrants shall be promptly prepared for all such approved obligations by the director, signed in accordance with § 5-21-116 and mailed or delivered to the payees thereof.
Amended by 2018 Tenn. Acts, ch. 495,s 2, eff. 2/22/2018.
Acts 1981, ch. 325, § 15.
Tenn. Code Ann. § 5-5-104 — TN Code / Title 5 / Chapter 5 / Section 5-5-104
Regular meetings
Status: in_force

(a) Regular meetings of each county legislative body shall be held at the time, day and place set by resolution of each legislative body. (b) There shall be at least four (4) regular meetings of the county legislative body each year. (c) Special meetings of the county legislative body may be called by the county mayor or by petition of a majority of the members of the county legislative body in accordance with § 5-5-105 . (d) No business shall be transacted, or any appointment made, or nominations confirmed, except in public session. (e) This section shall not apply to any Class 1 county established by § 8-24-101 , that has by private act adopted regular meetings of its legislative body and procedures for calling special meetings of such body. Code 1858, § 4181 (deriv. Acts 1837-1838, ch. 135, § 1); Shan., § 5993; mod. Code 1932, § 10194; Acts 1951, ch. 266, § 1; 1965, ch. 50, § 1; 1967, ch. 91, § 1; T.C.A. (orig. ed.), § 5-502; Acts 1978, ch. 934, § 12; T.C.A. (orig. ed.), § 5-504; Acts 2003, ch. 90, § 2.
(a) Regular meetings of each county legislative body shall be held at the time, day and place set by resolution of each legislative body.
(b) There shall be at least four (4) regular meetings of the county legislative body each year.
(c) Special meetings of the county legislative body may be called by the county mayor or by petition of a majority of the members of the county legislative body in accordance with § 5-5-105 .
(d) No business shall be transacted, or any appointment made, or nominations confirmed, except in public session.
(e) This section shall not apply to any Class 1 county established by § 8-24-101 , that has by private act adopted regular meetings of its legislative body and procedures for calling special meetings of such body.
Code 1858, § 4181 (deriv. Acts 1837-1838, ch. 135, § 1); Shan., § 5993; mod. Code 1932, § 10194; Acts 1951, ch. 266, § 1; 1965, ch. 50, § 1; 1967, ch. 91, § 1; T.C.A. (orig. ed.), § 5-502; Acts 1978, ch. 934, § 12; T.C.A. (orig. ed.), § 5-504; Acts 2003, ch. 90, § 2.
Tenn. Code Ann. § 5-7-111 — TN Code / Title 5 / Chapter 7 / Section 5-7-111
Replacement of courthouse or jail - Authorization
Status: in_force

Whenever, in the opinion of a majority of the members of the county legislative body, two thirds (2/3) of them being present, the site of a jail or public prison, or courthouse, is unhealthy, insecure or inconvenient in its location to the county or to the town, or inhabitants of the town, in which it is situated, or the interest and convenience of the town would be promoted by the removal of any of the same, the members may order a sale of the site, and of the whole or part of the materials used in its construction; and they may also order that a more eligible, convenient, healthy or secure site be purchased, and cause to be erected thereon a new jail or courthouse, better suited to the convenience of the town, and to secure the safe custody, health and comfort of inmates. Code 1858, § 414 (deriv. Acts 1835-1836, ch. 34, § 1; 1837-1838, ch. 11, §1); Shan., § 506; Code 1932, § 758; impl. am. Acts 1978, ch. 934, §§ 7, 36; T.C.A. (orig. ed.), § 5-711.
Whenever, in the opinion of a majority of the members of the county legislative body, two thirds (2/3) of them being present, the site of a jail or public prison, or courthouse, is unhealthy, insecure or inconvenient in its location to the county or to the town, or inhabitants of the town, in which it is situated, or the interest and convenience of the town would be promoted by the removal of any of the same, the members may order a sale of the site, and of the whole or part of the materials used in its construction; and they may also order that a more eligible, convenient, healthy or secure site be purchased, and cause to be erected thereon a new jail or courthouse, better suited to the convenience of the town, and to secure the safe custody, health and comfort of inmates.
Code 1858, § 414 (deriv. Acts 1835-1836, ch. 34, § 1; 1837-1838, ch. 11, §1); Shan., § 506; Code 1932, § 758; impl. am. Acts 1978, ch. 934, §§ 7, 36; T.C.A. (orig. ed.), § 5-711.
Tenn. Code Ann. § 5-21-122 — TN Code / Title 5 / Chapter 21 / Section 5-21-122
Committee members - Compensation
Status: in_force

The county legislative body shall set the compensation based on the service and time rendered in implementing this chapter for members of the various committees created in this chapter. Acts 1981, ch. 325, § 22.
The county legislative body shall set the compensation based on the service and time rendered in implementing this chapter for members of the various committees created in this chapter.
Acts 1981, ch. 325, § 22.
Tenn. Code Ann. § 5-7-101 — TN Code / Title 5 / Chapter 7 / Section 5-7-101
County powers generally
Status: in_force

Each county may acquire and hold property for county purposes, and make all contracts necessary or expedient for the management, control and improvement thereof, and for the better exercise of its civil and political powers, and may make any order for the disposition of its property. Code 1858, § 404; Shan., § 496; mod. Code 1932, § 742; T.C.A. (orig. ed.), § 5-701.
Each county may acquire and hold property for county purposes, and make all contracts necessary or expedient for the management, control and improvement thereof, and for the better exercise of its civil and political powers, and may make any order for the disposition of its property.
Code 1858, § 404; Shan., § 496; mod. Code 1932, § 742; T.C.A. (orig. ed.), § 5-701.
Tenn. Code Ann. § 5-7-108 — TN Code / Title 5 / Chapter 7 / Section 5-7-108
Courthouse - Sheriff's power and duties
Status: in_force

(a) (1) The sheriff has charge of the courthouse, unless some other person is specially appointed by the county legislative body for that purpose, and shall prevent trespasses, exclude intruders, and keep it and the grounds attached thereto in order, reporting from time to time the repairs required, and the expense, to the county legislative body. (2) Beginning July 1, 2008, deputy sheriffs newly assigned to courts pursuant to §§ 8-8-201(a)(2)(A) , 16-15-715 , and 37-1-213 shall participate in forty (40) hours of basic training in courthouse security within twelve (12) months of assignment to that duty. Every year thereafter the deputies shall participate in a minimum of sixteen (16) hours of training specific to courthouse security that has been approved by the peace officers standards and training commission. (b) It is further the duty of the sheriff to see that the state and national flags as provided for in § 5-7-109 are properly displayed in each courtroom while such county legislative body is in session. Code 1858, § 413; Shan., § 505; Code 1932, § 757; Acts 1961, ch. 244, § 1; impl. am. Acts 1978, ch. 934, §§ 7, 36; T.C.A. (orig. ed.), §5-708; Acts 2008 , ch. 1152, § 1.
(a) (1) The sheriff has charge of the courthouse, unless some other person is specially appointed by the county legislative body for that purpose, and shall prevent trespasses, exclude intruders, and keep it and the grounds attached thereto in order, reporting from time to time the repairs required, and the expense, to the county legislative body. (2) Beginning July 1, 2008, deputy sheriffs newly assigned to courts pursuant to §§ 8-8-201(a)(2)(A) , 16-15-715 , and 37-1-213 shall participate in forty (40) hours of basic training in courthouse security within twelve (12) months of assignment to that duty. Every year thereafter the deputies shall participate in a minimum of sixteen (16) hours of training specific to courthouse security that has been approved by the peace officers standards and training commission.
(1) The sheriff has charge of the courthouse, unless some other person is specially appointed by the county legislative body for that purpose, and shall prevent trespasses, exclude intruders, and keep it and the grounds attached thereto in order, reporting from time to time the repairs required, and the expense, to the county legislative body.
(2) Beginning July 1, 2008, deputy sheriffs newly assigned to courts pursuant to §§ 8-8-201(a)(2)(A) , 16-15-715 , and 37-1-213 shall participate in forty (40) hours of basic training in courthouse security within twelve (12) months of assignment to that duty. Every year thereafter the deputies shall participate in a minimum of sixteen (16) hours of training specific to courthouse security that has been approved by the peace officers standards and training commission.
(b) It is further the duty of the sheriff to see that the state and national flags as provided for in § 5-7-109 are properly displayed in each courtroom while such county legislative body is in session.
Code 1858, § 413; Shan., § 505; Code 1932, § 757; Acts 1961, ch. 244, § 1; impl. am. Acts 1978, ch. 934, §§ 7, 36; T.C.A. (orig. ed.), §5-708; Acts 2008 , ch. 1152, § 1.
Tenn. Code Ann. § 5-13-106 — TN Code / Title 5 / Chapter 13 / Section 5-13-106
Receipt of funds
Status: in_force

Excepting taxes such as the county trustee is authorized to collect, the payment of all moneys to the county trustee by any collectors authorized by statute, or by anyone on account due the county, shall be made only by issuance of a receivable warrant signed by the county mayor instructing the trustee to receive the amount named, for which the trustee shall issue a receipt, a duplicate of which shall be delivered to the director of accounts and budgets to be used by the director in posting the accounting records. Acts 1957, ch. 313, § 6; impl. am. Acts 1978, ch. 934, §§ 16, 36; T.C.A., §5-1306; Acts 2003 , ch. 90, § 2.
Excepting taxes such as the county trustee is authorized to collect, the payment of all moneys to the county trustee by any collectors authorized by statute, or by anyone on account due the county, shall be made only by issuance of a receivable warrant signed by the county mayor instructing the trustee to receive the amount named, for which the trustee shall issue a receipt, a duplicate of which shall be delivered to the director of accounts and budgets to be used by the director in posting the accounting records.
Acts 1957, ch. 313, § 6; impl. am. Acts 1978, ch. 934, §§ 16, 36; T.C.A., §5-1306; Acts 2003 , ch. 90, § 2.