reglab/statecodes huggingface dataset:
2023 Tennessee Code › Title 8 - PUBLIC OFFICERS AND EMPLOYEES (§§ 8-1-101 — 65-168) › Chapter 39 - MISCELLANEOUS PENSIONS AND RETIREMENT FUNDS (§§ 8-39-101 — 8-39-209) › Part 2 - FORMER GOVERNORS AND SURVIVING SPOUSES (§§ 8-39-201 — 8-39-209) › Section 8-39-202 - Retirement allowance upon reaching sixty-five years of age

(a)
Any former governor, upon reaching sixty-five (65) years of age, shall be eligible to receive a retirement allowance.
(b)
The amount of such retirement allowance shall be an amount per annum equal to fifty percent (50%) of the then current annual salary of the office of the governor, payable in twelve (12) equal monthly payments, to commence on the first day of the month following the former governor's sixty-fifth birthday and to be payable monthly thereafter for life.
Acts 1972, ch. 814, § 12; T.C.A., § 8-3942(b).
2023 Tennessee Code › Title 8 - PUBLIC OFFICERS AND EMPLOYEES (§§ 8-1-101 — 65-168) › Chapter 39 - MISCELLANEOUS PENSIONS AND RETIREMENT FUNDS (§§ 8-39-101 — 8-39-209) › Part 2 - FORMER GOVERNORS AND SURVIVING SPOUSES (§§ 8-39-201 — 8-39-209) › Section 8-39-203 - Allowance not paid when former governor on public payroll

Any retirement allowance payable in accordance with this part shall not be due or payable, however, during any period of time that a former governor is holding any public office, elective or appointive, or is otherwise on the payroll of the federal government or any state or local government.
Acts 1972, ch. 814, § 12; T.C.A., § 8-3942(b).
2023 Tennessee Code › Title 8 - PUBLIC OFFICERS AND EMPLOYEES (§§ 8-1-101 — 65-168) › Chapter 39 - MISCELLANEOUS PENSIONS AND RETIREMENT FUNDS (§§ 8-39-101 — 8-39-209) › Part 2 - FORMER GOVERNORS AND SURVIVING SPOUSES (§§ 8-39-201 — 8-39-209) › Section 8-39-205 - Benefits in lieu of all other provisions

Benefits payable under this part in respect of any former governor shall be in lieu of all other benefits of which the governor may otherwise be entitled under chapters 34-37 of this title.
Acts 1972, ch. 814, § 12; T.C.A., § 8-3942(a).
2023 Tennessee Code › Title 8 - PUBLIC OFFICERS AND EMPLOYEES (§§ 8-1-101 — 65-168) › Chapter 39 - MISCELLANEOUS PENSIONS AND RETIREMENT FUNDS (§§ 8-39-101 — 8-39-209) › Part 2 - FORMER GOVERNORS AND SURVIVING SPOUSES (§§ 8-39-201 — 8-39-209) › Section 8-39-206 - Written application required

Any benefit pursuant to this part shall be payable only upon written application by the former governor or the former governor's surviving spouse, as the case may be, made to the state treasurer.
Acts 1972, ch. 814, § 12; 1976, ch. 813, § 3; T.C.A., § 8-3942(d).
2023 Tennessee Code › Title 8 - PUBLIC OFFICERS AND EMPLOYEES (§§ 8-1-101 — 65-168) › Chapter 39 - MISCELLANEOUS PENSIONS AND RETIREMENT FUNDS (§§ 8-39-101 — 8-39-209) › Part 2 - FORMER GOVERNORS AND SURVIVING SPOUSES (§§ 8-39-201 — 8-39-209) › Section 8-39-207 - Funding

(a)
The amounts payable under this part shall be provided annually by a separate appropriation for this purpose.
(b)
The general assembly shall make an annual appropriation to the state treasurer in an amount sufficient to provide the allowances granted herein.
Acts 1972, ch. 814, § 12; 1976, ch. 813, § 4; T.C.A., § 8-3942(e).
2023 Tennessee Code › Title 8 - PUBLIC OFFICERS AND EMPLOYEES (§§ 8-1-101 — 65-168) › Chapter 39 - MISCELLANEOUS PENSIONS AND RETIREMENT FUNDS (§§ 8-39-101 — 8-39-209) › Part 2 - FORMER GOVERNORS AND SURVIVING SPOUSES (§§ 8-39-201 — 8-39-209) › Section 8-39-208 - Relationship to consolidated retirement system

Nothing in this part shall be construed to include the operation or funding of this part in the Tennessee consolidated retirement system.
Acts 1976, ch. 813, § 4; T.C.A., § 8-3942(e).
2023 Tennessee Code › Title 8 - PUBLIC OFFICERS AND EMPLOYEES (§§ 8-1-101 — 65-168) › Chapter 39 - MISCELLANEOUS PENSIONS AND RETIREMENT FUNDS (§§ 8-39-101 — 8-39-209) › Part 2 - FORMER GOVERNORS AND SURVIVING SPOUSES (§§ 8-39-201 — 8-39-209) › Section 8-39-209 - Allowance for less than full terms

(a)
A former governor or the former governor's surviving spouse shall receive the full allowance payable pursuant to this part; provided, that such governor served at least one (1) full year in office. The allowance payable to a former governor or the former governor's surviving spouse, who served less than one (1) full year, shall be prorated in accordance with the time actually served as compared with the one (1) year minimum required to receive a full benefit. If the death of a governor shall occur while the governor is serving in office, the governor's surviving spouse shall receive the full allowance payable regardless of the time served by the governor.
(b)
This section shall not apply during the current term of the governor in office on May 12, 1982, or to any former governor who served in office prior to May 12, 1982.
Acts 1982, ch. 919, §§ 3, 4.
2023 Tennessee Code › Title 8 - PUBLIC OFFICERS AND EMPLOYEES (§§ 8-1-101 — 65-168) › Chapter 42 - DEFENSE OF STATE EMPLOYEES (§§ 8-42-101 — 8-42-108) › Section 8-42-104 - No attorney general and reporter representation in criminal actions - Compensation - Costs

(a)
When a criminal action is initiated in any court by warrant, information, or indictment against any state employee, as defined in this chapter, for an act apparently done by the employee in the scope of the employee's assigned official duty, the attorney general and reporter will not represent the employee or provide representation. In the event that the criminal charges against the employee are dismissed with prejudice or in the event that the employee is acquitted at trial or upon appeal, all reasonable compensation for the employee's counsel, court costs or necessary incidental expenses, as determined by the attorney general and reporter, in connection with the action, shall be payable from the funds appropriated to the attorney general and reporter pursuant to this chapter. In the event that the charges against the employee are retired or dismissed, or the case is not prosecuted for any other reason, the attorney general and reporter may compensate such counsel for all reasonable fees and necessary incidental expenses and pay court costs in connection with the action, where the attorney general and reporter finds that the employee did act in the scope of the employee's assigned duties under apparent lawful orders or authority when the employee took the actions resulting in the institution of the criminal action. In no event shall any funds be expended for compensation for counsel, court costs or necessary incidental expenses, where the employee is convicted of any criminal offense.
(b)
For the exclusive purpose of this section, "state employee" includes attorneys appointed by a court, or other agency authorized by law to make such appointments, to represent an indigent when a criminal action is commenced against such attorney for any act or omission in the course of representing such indigent. When a criminal action is initiated against such an attorney, the written request shall be made by the administrative director of the courts. Notwithstanding any law to the contrary, such attorney shall not be considered to be a state employee for any other purpose including, but not limited to, §§
9-8-112
and
9-8-307
.
Acts 1980, ch. 666, § 1; 1984, ch. 972, § 19; 1988, ch. 768, § 2; 1993, ch. 66, § 10; 1995, ch. 370, § 3.
2023 Tennessee Code › Title 8 - PUBLIC OFFICERS AND EMPLOYEES (§§ 8-1-101 — 65-168) › Chapter 42 - DEFENSE OF STATE EMPLOYEES (§§ 8-42-101 — 8-42-108) › Section 8-42-107 - Appropriations for defense costs

(a)
There shall be appropriated to the attorney general and reporter a sum sufficient from the risk management fund established pursuant to §
9-8-109
, to pay for the representation provided to state employees, court costs and any necessary incidental expenses incurred in providing the representation authorized by this chapter.
(b)
Subsequent to the close of each fiscal year, the attorney general and reporter shall provide to the state board of claims a report describing the manner in which funds received from the risk management fund were used in representing state employees pursuant to this chapter.
Acts 1973, ch. 128, § 6; T.C.A., §§ 8-4206, 8-42-106; Acts 1984, ch. 972, § 19; 1995, ch. 370, §6; 2003 , ch. 212, § 8.
2023 Tennessee Code › Title 8 - PUBLIC OFFICERS AND EMPLOYEES (§§ 8-1-101 — 65-168) › Chapter 42 - DEFENSE OF STATE EMPLOYEES (§§ 8-42-101 — 8-42-108) › Section 8-42-108 - Attorney general and reporter's actions not reviewable

All decisions and determinations of the attorney general and reporter shall be final and shall not be reviewable by any court.
Acts 1973, ch. 128, § 7; T.C.A., §§ 8-4207, 8-42-107; Acts 1984, ch. 972, § 19; 1995, ch. 370, § 7.
2023 Tennessee Code › Title 8 - PUBLIC OFFICERS AND EMPLOYEES (§§ 8-1-101 — 65-168) › Chapter 44 - PUBLIC MEETINGS (§§ 8-44-101 — 8-44-201) › Part 1 - GENERAL PROVISIONS (§§ 8-44-101 — 8-44-112) › Section 8-44-101 - Policy - Construction

(a)
The general assembly hereby declares it to be the policy of this state that the formation of public policy and decisions is public business and shall not be conducted in secret.
(b)
This part shall not be construed to limit any of the rights and privileges contained in the Constitution of Tennessee, Article I, § 19.
Acts 1974, ch. 442, §§ 1, 8; T.C.A., § 8-4401.
2023 Tennessee Code › Title 8 - PUBLIC OFFICERS AND EMPLOYEES (§§ 8-1-101 — 65-168) › Chapter 44 - PUBLIC MEETINGS (§§ 8-44-101 — 8-44-201) › Part 1 - GENERAL PROVISIONS (§§ 8-44-101 — 8-44-112) › Section 8-44-103 - Notice of public meetings

(a)
Notice of Regular Meetings.
Any such governmental body which holds a meeting previously scheduled by statute, ordinance, or resolution shall give adequate public notice of such meeting.
(b)
Notice of Special Meetings.
Any such governmental body which holds a meeting not previously scheduled by statute, ordinance, or resolution, or for which notice is not already provided by law, shall give adequate public notice of such meeting.
(c)
The notice requirements of this part are in addition to, and not in substitution of, any other notice required by law.
Acts 1974, ch. 442, § 3; T.C.A., § 8-4403.
2023 Tennessee Code › Title 8 - PUBLIC OFFICERS AND EMPLOYEES (§§ 8-1-101 — 65-168) › Chapter 44 - PUBLIC MEETINGS (§§ 8-44-101 — 8-44-201) › Part 1 - GENERAL PROVISIONS (§§ 8-44-101 — 8-44-112) › Section 8-44-104 - Minutes recorded and open to public - Secret votes prohibited

(a)
The minutes of a meeting of any such governmental body shall be promptly and fully recorded, shall be open to public inspection, and shall include, but not be limited to, a record of persons present, all motions, proposals and resolutions offered, the results of any votes taken, and a record of individual votes in the event of roll call.
(b)
All votes of any such governmental body shall be by public vote or public ballot or public roll call. No secret votes, or secret ballots, or secret roll calls shall be allowed. As used in this chapter, "public vote" means a vote in which the "aye" faction vocally expresses its will in unison and in which the "nay" faction, subsequently, vocally expresses its will in unison.
Acts 1974, ch. 442, § 4; T.C.A., § 8-4404; Acts 1980, ch. 800, § 1.
2023 Tennessee Code › Title 8 - PUBLIC OFFICERS AND EMPLOYEES (§§ 8-1-101 — 65-168) › Chapter 44 - PUBLIC MEETINGS (§§ 8-44-101 — 8-44-201) › Part 1 - GENERAL PROVISIONS (§§ 8-44-101 — 8-44-112) › Section 8-44-105 - Action nullified - Exception

Any action taken at a meeting in violation of this part shall be void and of no effect; provided, that this nullification of actions taken at such meetings shall not apply to any commitment, otherwise legal, affecting the public debt of the entity concerned.
Acts 1974, ch. 442, § 5; T.C.A., § 8-4405.
2023 Tennessee Code › Title 8 - PUBLIC OFFICERS AND EMPLOYEES (§§ 8-1-101 — 65-168) › Chapter 44 - PUBLIC MEETINGS (§§ 8-44-101 — 8-44-201) › Part 1 - GENERAL PROVISIONS (§§ 8-44-101 — 8-44-112) › Section 8-44-106 - Enforcement - Jurisdiction

(a)
The circuit courts, chancery courts, and other courts which have equity jurisdiction, have jurisdiction to issue injunctions, impose penalties, and otherwise enforce the purposes of this part upon application of any citizen of this state.
(b)
In each suit brought under this part, the court shall file written findings of fact and conclusions of law and final judgments, which shall also be recorded in the minutes of the body involved.
(c)
The court shall permanently enjoin any person adjudged by it in violation of this part from further violation of this part. Each separate occurrence of such meetings not held in accordance with this part constitutes a separate violation.
(d)
The final judgment or decree in each suit shall state that the court retains jurisdiction over the parties and subject matter for a period of one (1) year from date of entry, and the court shall order the defendants to report in writing semiannually to the court of their compliance with this part.
(e)
If a court finds that a governing body knew that a meeting of the body was subject to the requirements of this part and willfully refused to comply, the court may, in its discretion, assess all or part of the reasonable costs incurred by the petitioners in enforcing the provisions of this part, including reasonable attorneys' fees, against the governing body. In determining whether the action of the governing body was willful, the court may consider the testimony and other guidance provided to the governing body by staff of the office of open records counsel created pursuant to§ 8-4-601.
Amended by 2024 Tenn. Acts, ch. 1030,s 1, eff. 5/28/2024.
Acts 1974, ch. 442, § 6; T.C.A., § 8-4406.
2023 Tennessee Code › Title 8 - PUBLIC OFFICERS AND EMPLOYEES (§§ 8-1-101 — 65-168) › Chapter 44 - PUBLIC MEETINGS (§§ 8-44-101 — 8-44-201) › Part 1 - GENERAL PROVISIONS (§§ 8-44-101 — 8-44-112) › Section 8-44-107 - Board of directors of Performing Arts Center Management Corporation

The board of directors of the Tennessee Performing Arts Center Management Corporation shall be subject to, and shall in all respects comply with, all of the provisions made applicable to governing bodies by this chapter.
Acts 1981, ch. 375, § 1.
2023 Tennessee Code › Title 8 - PUBLIC OFFICERS AND EMPLOYEES (§§ 8-1-101 — 65-168) › Chapter 44 - PUBLIC MEETINGS (§§ 8-44-101 — 8-44-201) › Part 1 - GENERAL PROVISIONS (§§ 8-44-101 — 8-44-112) › Section 8-44-109 - Electronic communication via Internet forum

(a)
A governing body may, but is not required to, allow electronic communication between members by means of a forum over the Internet only if the governing body:
(1)
Ensures that the forum through which the electronic communications are conducted is available to the public at all times other than that necessary for technical maintenance or unforeseen technical limitations;
(2)
Provides adequate public notice of the governing body's intended use of the electronic communication forum;
(3)
Controls who may communicate through the forum;
(4)
Controls the archiving of the electronic communications to ensure that the electronic communications are publicly available for at least one (1) year after the date of the communication; provided, that access to the archived electronic communications is user-friendly for the public; and
(5)
Provides reasonable access for members of the public to view the forum at the local public library, the building where the governing body meets or other public building.
(b)
Electronic communications posted to a forum shall not substitute for decision making by the governing body in a meeting held in accordance with this part. Communications between members of a governing body posted to a forum complying with this section shall be deemed to be in compliance with the open meetings laws compiled in this part.
(c)
Prior to a governing body initially utilizing a forum to allow electronic communications by its members that meets the requirements of this section, including the public notice required in subsection (a), the governing body shall file a plan with the office of open records counsel. The plan shall describe how the governing body will ensure compliance with subsection (a). Within thirty (30) days of receipt of the plan, the office of open records counsel shall acknowledge receipt of the plan and shall report whether or not the plan and the proposed actions comply with subsection (a). If the office determines that compliance with subsection (a) has not been met, the office shall provide written comments regarding the plan to the governing body. Until such time as the governing body complies with the written comments provided by the office and the office issues a report of compliance, the governing body shall not be allowed to establish or utilize such forum. This subsection (c) shall not apply to any governing body that had established a forum pursuant to this section prior to May 7, 2009.
(d)
No member participating in an electronic communication pursuant to this section is deemed to be eligible for per diem for such participation.
(e)
As used in this section, "governing body" means the elected governing body of a county, city, metropolitan form of government or school board.
Acts 2008, ch. 923, § 2; 2009, ch. 175, § 2.
2023 Tennessee Code › Title 8 - PUBLIC OFFICERS AND EMPLOYEES (§§ 8-1-101 — 65-168) › Chapter 44 - PUBLIC MEETINGS (§§ 8-44-101 — 8-44-201) › Part 1 - GENERAL PROVISIONS (§§ 8-44-101 — 8-44-112) › Section 8-44-110 - Public accessibility of legislative body agenda - Withholding items prohibited - Posting on website

(a)
At least forty-eight (48) hours prior to a regular meeting, a state governing body or a local government legislative body shall make available to the public, at no charge, the agenda for the upcoming regular meeting in a place accessible to the public. The agenda must reasonably describe the matters to be deliberated or acted upon during the public meeting.
(b)
A state governing body or a local government legislative body may deliberate or act upon matters not listed on the agenda of its regular meeting if the body follows its bylaws or properly adopted rules and procedures and complies with all other applicable state laws.
(c)
A state governing body or a local government legislative body shall not circumvent the spirit or requirements of this section by withholding items from an agenda for the purpose of avoiding public disclosure of business to be considered by the state governing body or a local government legislative body.
(d)
A state governing body or a local government legislative body that maintains a website may make an agenda available to the public through the website. The website is considered a place that is accessible to the public for purposes of compliance with subsection (a).
(e)
As used in this section, "local government legislative body" means the legislative body of an incorporated city or town, a metropolitan government, or a county.
Amended by 2024 Tenn. Acts, ch. 710,s 1, eff. 4/11/2024.
Added by 2023 Tenn. Acts, ch. 213, s 1, eff. 4/25/2023.
2023 Tennessee Code › Title 8 - PUBLIC OFFICERS AND EMPLOYEES (§§ 8-1-101 — 65-168) › Chapter 44 - PUBLIC MEETINGS (§§ 8-44-101 — 8-44-201) › Part 1 - GENERAL PROVISIONS (§§ 8-44-101 — 8-44-112) › Section 8-44-111 - Open meetings - Development of educational program required - Materials

(a)
The municipal technical advisory service (MTAS) for municipalities and the county technical assistance service (CTAS) for counties, in order to provide guidance and direction, shall develop a program for educating their respective public officials about the open meetings laws codified in this chapter, and how to remain in compliance with such laws.
(b)
The Tennessee school board association shall develop a program for educating elected school board members about the open meetings laws and how to remain in compliance with such laws.
(c)
The Tennessee board of utility regulation shall develop a program for members of the governing bodies of utility systems under the board's jurisdiction to educate the board members about the open meetings laws and how to remain in compliance with such laws.
(d)
The state emergency communications board created by §
7-86-302
shall develop a program for educating emergency communications district board members about the open meetings laws and how to remain in compliance with such laws.
(e)
The office of open records counsel established in chapter 4, part 6 of this title shall establish educational programs and materials regarding open meetings laws in this state, to be made available to the public and to public officials.
Amended by 2023 Tenn. Acts, ch. 463,s 26, eff. 7/1/2023.
Acts 2008 , ch. 1179, § 5.
2023 Tennessee Code › Title 8 - PUBLIC OFFICERS AND EMPLOYEES (§§ 8-1-101 — 65-168) › Chapter 44 - PUBLIC MEETINGS (§§ 8-44-101 — 8-44-201) › Part 1 - GENERAL PROVISIONS (§§ 8-44-101 — 8-44-112) › Section 8-44-112 - Reserved period for public comment - Reasonable restrictions allowed - Notice to public commenters - Applicability

(a)
A governing body shall, for each public meeting, reserve a period for public comment to provide the public with the opportunity to comment on matters that are germane to the items on the agenda for the meeting.
(b)
The governing body may put reasonable restrictions on the period for public comment, such as the length of the period, the number of speakers, and the length of time that each speaker will be allowed to provide comment. The governing body may require a person to give notice in advance of the desire to offer comments at a meeting. The governing body shall take all practicable steps to ensure that opposing viewpoints are represented fairly, if any.
(c)
A notice for a public meeting shall indicate the manner in which a person may indicate the person's desire to provide public comment at the meeting.
(d)
This section does not apply to:
(1)
A meeting of a governing body, or a portion thereof, where the governing body is conducting a disciplinary hearing for a member of the governing body or a person whose profession or activities fall within the jurisdiction of the governing body; or
(2)
A meeting for which there are no actionable items on the agenda.
Added by 2023 Tenn. Acts, ch. 300, s 1, eff. 7/1/2023.
2023 Tennessee Code › Title 8 - PUBLIC OFFICERS AND EMPLOYEES (§§ 8-1-101 — 65-168) › Chapter 44 - PUBLIC MEETINGS (§§ 8-44-101 — 8-44-201) › Part 2 - LABOR NEGOTIATIONS (§ 8-44-201) › Section 8-44-201 - Labor negotiations between public employee union and state or local government

(a)
Notwithstanding any other Tennessee law to the contrary, labor negotiations between representatives of public employee unions or associations and representatives of a state or local governmental entity shall be open to the public, whether or not the negotiations by the state or local governmental entity are under the direction of the legislative, executive or judicial branch of government.
(b)
Nothing contained in this section shall be construed to require that planning or strategy sessions of either the union committee or the governmental entity committee, meeting separately or with the entity it represents, be open to the public.
(c)
Nothing contained in this section shall be construed to grant recognition rights of any sort.
(d)
Both sides shall decide jointly and announce in advance of any such labor negotiations where such meetings shall be held.
Acts 1979, ch. 41, § 1; T.C.A., § 8-4421; Acts 2009, ch. 293, § 1.
2023 Tennessee Code › Title 8 - PUBLIC OFFICERS AND EMPLOYEES (§§ 8-1-101 — 65-168) › Chapter 46 - IMPEACHMENT (§§ 8-46-101 — 8-46-205) › Part 1 - GENERAL PROVISIONS (§§ 8-46-101 — 8-46-108) › Section 8-46-101 - Officers liable - Effect of judgment

The governor, judges of the supreme court and court of appeals, judges of inferior courts, chancellors, attorneys for the state, state treasurer, comptroller of the treasury and secretary of state shall be liable to impeachment whenever they may, in the opinion of the house of representatives, commit any crime in their official capacity which may require disqualification; but judgment shall only extend to removal from office, and disqualification to fill any office thereafter. The party shall, nevertheless, be liable to indictment, trial, judgment, and punishment according to law.
Code 1858, § 5282 (deriv. Const. 1834, art. 5, § 4); Shan., § 7262; mod. Code 1932, § 11864; T.C.A. (orig. ed.), § 8-2601.
2023 Tennessee Code › Title 8 - PUBLIC OFFICERS AND EMPLOYEES (§§ 8-1-101 — 65-168) › Chapter 46 - IMPEACHMENT (§§ 8-46-101 — 8-46-205) › Part 1 - GENERAL PROVISIONS (§§ 8-46-101 — 8-46-108) › Section 8-46-102 - Majority of house of representatives required

A majority of all the members of the house of representatives elected shall concur in an impeachment.
Code 1858, § 5283; Shan., § 7263; Code 1932, § 11865; T.C.A. (orig. ed.), § 8-2602.
2023 Tennessee Code › Title 8 - PUBLIC OFFICERS AND EMPLOYEES (§§ 8-1-101 — 65-168) › Chapter 46 - IMPEACHMENT (§§ 8-46-101 — 8-46-205) › Part 1 - GENERAL PROVISIONS (§§ 8-46-101 — 8-46-108) › Section 8-46-103 - Contents of impeachment - Right to counsel

The impeachment shall specify the offenses charged with the same precision required in an indictment, and the accused shall be allowed counsel as in cases of other prosecutions.
Code 1858, § 5284; Shan., § 7264; Code 1932, § 11866; T.C.A. (orig. ed.), § 8-2603.
2023 Tennessee Code › Title 8 - PUBLIC OFFICERS AND EMPLOYEES (§§ 8-1-101 — 65-168) › Chapter 46 - IMPEACHMENT (§§ 8-46-101 — 8-46-205) › Part 1 - GENERAL PROVISIONS (§§ 8-46-101 — 8-46-108) › Section 8-46-104 - Suspension pending trial

Every officer impeached shall be suspended from the exercise of such officer's official duties until such officer's acquittal.
Code 1858, § 5288; Shan., § 7268; Code 1932, § 11870; T.C.A. (orig. ed.), § 8-2604.
2023 Tennessee Code › Title 8 - PUBLIC OFFICERS AND EMPLOYEES (§§ 8-1-101 — 65-168) › Chapter 46 - IMPEACHMENT (§§ 8-46-101 — 8-46-205) › Part 1 - GENERAL PROVISIONS (§§ 8-46-101 — 8-46-108) › Section 8-46-105 - Jurisdiction of trial

The senate of the general assembly is the court for the trial of impeachments, and has such jurisdiction as is conferred by the Constitution of Tennessee, Article V.
Code 1858, § 4968; Shan., § 6929; Code 1932, § 11468; T.C.A. (orig. ed.), § 8-2605.
2023 Tennessee Code › Title 8 - PUBLIC OFFICERS AND EMPLOYEES (§§ 8-1-101 — 65-168) › Chapter 46 - IMPEACHMENT (§§ 8-46-101 — 8-46-205) › Part 1 - GENERAL PROVISIONS (§§ 8-46-101 — 8-46-108) › Section 8-46-106 - Summons by senate

When possessed of an impeachment, the senate shall forthwith cause the person accused to be brought before it.
Code 1858, § 5285; Shan., § 7265; Code 1932, § 11867; T.C.A. (orig. ed.), § 8-2606.
2023 Tennessee Code › Title 8 - PUBLIC OFFICERS AND EMPLOYEES (§§ 8-1-101 — 65-168) › Chapter 46 - IMPEACHMENT (§§ 8-46-101 — 8-46-205) › Part 1 - GENERAL PROVISIONS (§§ 8-46-101 — 8-46-108) › Section 8-46-107 - Issuance and service of process

All writs and process shall be issued by the clerk of the senate, and tested in the clerk's name, and may be served by any person authorized by the senate or its speaker.
Code 1858, § 5286; Shan., § 7266; Code 1932, § 11868; T.C.A. (orig. ed.), § 8-2607.
2023 Tennessee Code › Title 8 - PUBLIC OFFICERS AND EMPLOYEES (§§ 8-1-101 — 65-168) › Chapter 46 - IMPEACHMENT (§§ 8-46-101 — 8-46-205) › Part 1 - GENERAL PROVISIONS (§§ 8-46-101 — 8-46-108) › Section 8-46-108 - Copy of impeachment - Answer

Upon the appearance of the person impeached, such person is entitled to a copy of the impeachment, and to a reasonable time in which to answer the same.
Code 1858, § 5287; Shan., § 7267; Code 1932, § 11869; T.C.A. (orig. ed.), § 8-2608.
2023 Tennessee Code › Title 8 - PUBLIC OFFICERS AND EMPLOYEES (§§ 8-1-101 — 65-168) › Chapter 46 - IMPEACHMENT (§§ 8-46-101 — 8-46-205) › Part 2 - FEES AND COSTS (§§ 8-46-201 — 8-46-205) › Section 8-46-201 - Witness fees

Witnesses on the trial of an impeachment before the senate shall be allowed the following fees:
(1)
For every day's attendance on such trial .................... $1.00
(2)
For every twenty-five (25) miles the witness may necessarily travel in going to and returning from the place of trial .................... $1.00
Code 1858, § 5289 (deriv. Acts 1815, ch. 110, § 1); Shan., § 7269; Code 1932, § 11871; T.C.A. (orig. ed.), § 8-2609.
2023 Tennessee Code › Title 8 - PUBLIC OFFICERS AND EMPLOYEES (§§ 8-1-101 — 65-168) › Chapter 46 - IMPEACHMENT (§§ 8-46-101 — 8-46-205) › Part 2 - FEES AND COSTS (§§ 8-46-201 — 8-46-205) › Section 8-46-202 - Fees of sergeant at arms

The sergeant at arms, or such other officer as may be appointed, shall be allowed the following fees:
(1)
For every arrest under process from the senate .................... $2.00
(2)
For each mile the sergeant or other appointed officer may travel in going to and returning from such arrest .................... .05
(3)
For executing each subpoena .................... .50
(4)
For each day the sergeant or other appointed officer may attend the senate on any such trial .................... 2.00
Code 1858, § 5290 (deriv. Acts 1815, ch. 110, § 1); Shan., § 7270; Code 1932, § 11872; T.C.A. (orig. ed.), § 8-2610.
2023 Tennessee Code › Title 8 - PUBLIC OFFICERS AND EMPLOYEES (§§ 8-1-101 — 65-168) › Chapter 46 - IMPEACHMENT (§§ 8-46-101 — 8-46-205) › Part 2 - FEES AND COSTS (§§ 8-46-201 — 8-46-205) › Section 8-46-203 - Probate of fees

The witness and officer shall prove their account by oath before the clerk of the senate, and the clerk's certificate annexed thereto shall enable the holder to collect the amount from the defendant or the state, according as either is liable.
Code 1858, § 5291 (deriv. Acts 1815, ch. 110, § 2); Shan., § 7271; Code 1932, § 11873; T.C.A. (orig. ed.), § 8-2611.
2023 Tennessee Code › Title 8 - PUBLIC OFFICERS AND EMPLOYEES (§§ 8-1-101 — 65-168) › Chapter 46 - IMPEACHMENT (§§ 8-46-101 — 8-46-205) › Part 2 - FEES AND COSTS (§§ 8-46-201 — 8-46-205) › Section 8-46-204 - Defendant's liability for costs

If the defendant is found guilty, the defendant is liable for all such costs, and the same may be recovered by action before any tribunal having cognizance of the amount.
Code 1858, § 5292 (deriv. Acts 1815, ch. 110, §§ 2, 3); Shan., § 7272; Code 1932, § 11874; T.C.A. (orig. ed.), § 8-2612.
2023 Tennessee Code › Title 8 - PUBLIC OFFICERS AND EMPLOYEES (§§ 8-1-101 — 65-168) › Chapter 46 - IMPEACHMENT (§§ 8-46-101 — 8-46-205) › Part 2 - FEES AND COSTS (§§ 8-46-201 — 8-46-205) › Section 8-46-205 - Costs paid by state

If the defendant is acquitted, or is unable to pay the costs, after due course of law has been had thereon, the state treasurer shall pay the witnesses and officer, upon the production of their certified accounts as provided in §
8-46-203
.
Code 1858, § 5293 (deriv. Acts 1815, ch. 110, §§ 2, 3); Shan., § 7273; Code 1932, § 11875; T.C.A. (orig. ed.), § 8-2613.
2023 Tennessee Code › Title 8 - PUBLIC OFFICERS AND EMPLOYEES (§§ 8-1-101 — 65-168) › Chapter 47 - REMOVAL OF OFFICERS (§§ 8-47-101 — 8-47-127) › Section 8-47-101 - Officers subject to removal - Grounds

Every person holding any office of trust or profit, under and by virtue of any of the laws of the state, either state, county, or municipal, except such officers as are by the constitution removable only and exclusively by methods other than those provided in this chapter, who shall knowingly or willfully commit misconduct in office, or who shall knowingly or willfully neglect to perform any duty enjoined upon such officer by any of the laws of the state, or who shall in any public place be in a state of intoxication produced by strong drink voluntarily taken, or who shall engage in any form of illegal gambling, or who shall commit any act constituting a violation of any penal statute involving moral turpitude, shall forfeit such office and shall be ousted from such office in the manner hereinafter provided.
Acts 1915, ch. 11, § 1; Shan., § 1135a1; Code 1932, § 1877; T.C.A. (orig. ed.), § 8-2701; Acts 2004, ch. 621, § 1.
2023 Tennessee Code › Title 8 - PUBLIC OFFICERS AND EMPLOYEES (§§ 8-1-101 — 65-168) › Chapter 47 - REMOVAL OF OFFICERS (§§ 8-47-101 — 8-47-127) › Section 8-47-102 - Institution by prosecuting attorneys on own initiative

The attorney general and reporter has the power, on the attorney general and reporter's own initiative, and without any complaint having been made to the attorney general and reporter or request made of the attorney general and reporter, to institute proceedings in ouster against any and all state, county, and municipal officers, under the provisions of this chapter, and the district attorneys general, county attorneys, and city attorneys, within their respective jurisdictions, may institute such actions, without complaint being made to them or request made of them, as they are authorized to institute upon request made of them or complaint made to them.
Acts 1915, ch. 11, § 14; Shan., § 1135a25; Code 1932, § 1901; T.C.A. (orig. ed.), § 8-2702.
2023 Tennessee Code › Title 8 - PUBLIC OFFICERS AND EMPLOYEES (§§ 8-1-101 — 65-168) › Chapter 47 - REMOVAL OF OFFICERS (§§ 8-47-101 — 8-47-127) › Section 8-47-103 - Investigation and institution of proceedings

It is the duty of the attorney general and reporter, the district attorneys general, county attorneys, and city attorneys, within their respective jurisdictions, upon notice being received by them in writing that any officer herein mentioned has been guilty of any of the acts, omissions, or offenses set out in §
8-47-101
, forthwith to investigate such complaint; and, if upon investigation such person finds that there is reasonable cause for such complaint, such person shall forthwith institute proceedings in the circuit, chancery, or criminal court of the proper county, to oust such officer from office.
Acts 1915, ch. 11, § 2; Shan., § 1135a2; Code 1932, § 1878; T.C.A. (orig. ed.), § 8-2703.
2023 Tennessee Code › Title 8 - PUBLIC OFFICERS AND EMPLOYEES (§§ 8-1-101 — 65-168) › Chapter 47 - REMOVAL OF OFFICERS (§§ 8-47-101 — 8-47-127) › Section 8-47-104 - Subpoena to appear before prosecuting attorney

The attorney general and reporter, the district attorneys general, county attorneys, and city attorneys have the power and they are hereby directed, whenever complaint has been made, and the names of the witnesses furnished them, or whenever they deem necessary, to issue subpoenas for such witnesses so furnished them and for such persons as they shall have reason to believe have any knowledge of the complaint made, to appear before the attorney general and reporter, district attorney general, county attorney, or city attorney, at a time and place to be designated in the subpoena then and there to testify concerning the subject matter set out in the complaint.
Acts 1915, ch. 11, § 11; Shan., § 1135a19; Code 1932, § 1895; T.C.A. (orig. ed.), § 8-2704.
2023 Tennessee Code › Title 8 - PUBLIC OFFICERS AND EMPLOYEES (§§ 8-1-101 — 65-168) › Chapter 47 - REMOVAL OF OFFICERS (§§ 8-47-101 — 8-47-127) › Section 8-47-105 - Testimony before prosecuting attorneys

Each witness shall be sworn true answers to make to all questions propounded to the witness, touching the matter under investigation, and the testimony of each witness shall be reduced to writing and be signed by the witness. The attorney general and reporter, the district attorneys general, county attorneys, and city attorneys are hereby authorized and empowered to administer the necessary oaths and affirmations to such witnesses.
Acts 1915, ch. 11, § 11; Shan., § 1135a20; Code 1932, § 1896; T.C.A. (orig. ed.), § 8-2705.
2023 Tennessee Code › Title 8 - PUBLIC OFFICERS AND EMPLOYEES (§§ 8-1-101 — 65-168) › Chapter 47 - REMOVAL OF OFFICERS (§§ 8-47-101 — 8-47-127) › Section 8-47-106 - Disobedience to attorney's subpoena

Any disobedience to such subpoena, or refusal to answer any proper questions propounded by the officers at such inquiry, is a Class C misdemeanor.
Acts 1915, ch. 11, § 11; Shan., § 1135a21; Code 1932, § 1897; T.C.A. (orig. ed.), § 8-2706; Acts 1989, ch. 591, § 113.
2023 Tennessee Code › Title 8 - PUBLIC OFFICERS AND EMPLOYEES (§§ 8-1-101 — 65-168) › Chapter 47 - REMOVAL OF OFFICERS (§§ 8-47-101 — 8-47-127) › Section 8-47-107 - Self - incrimination privilege unavailable - Immunity from prosecution

No person shall be excused from testifying before the attorney general and reporter, district attorney general, county attorney, or city attorney, at such investigation, or in any investigation, or be excused from testifying in any proceeding brought in any court of competent jurisdiction, under this chapter, on the ground that such person's testimony may incriminate such person; but no person shall be prosecuted or punished on account of any transaction, matter, or thing concerning which such person shall be compelled to testify, nor shall such testimony be used against such person in prosecutions for any crime or misdemeanor under the laws of this state.
Acts 1915, ch. 11, § 12; Shan., § 1135a22; Code 1932, § 1898; T.C.A. (orig. ed.), § 8-2707.
2023 Tennessee Code › Title 8 - PUBLIC OFFICERS AND EMPLOYEES (§§ 8-1-101 — 65-168) › Chapter 47 - REMOVAL OF OFFICERS (§§ 8-47-101 — 8-47-127) › Section 8-47-108 - Filing of complaint on direction of governor

It is also the duty of the attorney general and reporter, in the case of state officers, and of the district attorney general and the county attorney, if there is one in the county, in the case of county officers, and of the city attorney, or the district attorney general, in case of municipal officers, to file such petition or complaint, upon being directed or requested in writing so to do by the governor.
Acts 1915, ch. 11, § 3; Shan., § 1135a4; Code 1932, § 1880; T.C.A. (orig. ed.), § 8-2708.
2023 Tennessee Code › Title 8 - PUBLIC OFFICERS AND EMPLOYEES (§§ 8-1-101 — 65-168) › Chapter 47 - REMOVAL OF OFFICERS (§§ 8-47-101 — 8-47-127) › Section 8-47-109 - Governor's duty to direct prosecution

The governor shall have power, and it shall be the governor's duty, whenever the governor has knowledge that reasonable grounds exist for the proceedings authorized by this chapter against any state, county, or municipal officer, to direct the attorney general and reporter, or district attorney general, or county attorney, or city attorney, as the case may be, to institute and prosecute the same against the offending officer.
Acts 1915, ch. 11, § 4; Shan., § 1135a7; Code 1932, § 1883; T.C.A. (orig. ed.), § 8-2709.
2023 Tennessee Code › Title 8 - PUBLIC OFFICERS AND EMPLOYEES (§§ 8-1-101 — 65-168) › Chapter 47 - REMOVAL OF OFFICERS (§§ 8-47-101 — 8-47-127) › Section 8-47-110 - Petition in name of state - Filing by relators

The petition or complaint shall be in the name of the state and may be filed upon the relation of the attorney general and reporter, or the district attorney general for the state, or the county attorney in the case of county officers, and of the city attorney, or the district attorney general, in the case of municipal officers; and in all cases it may be filed, without the concurrence of any of such officers, upon the relation of ten (10) or more citizens and freeholders of the state, county, or city, as the case may be, upon their giving the usual security for costs.
Acts 1915, ch. 11, § 3; Shan., § 1135a3; Code 1932, § 1879; T.C.A. (orig. ed.), § 8-2710.
2023 Tennessee Code › Title 8 - PUBLIC OFFICERS AND EMPLOYEES (§§ 8-1-101 — 65-168) › Chapter 47 - REMOVAL OF OFFICERS (§§ 8-47-101 — 8-47-127) › Section 8-47-111 - Assistance to prosecution by relators

It is the duty of the attorney general and reporter, upon request of relator citizens and freeholders, to aid and assist in the prosecution of such proceedings against state officers, and of district attorneys general and county attorneys, upon like request, to aid and assist in the prosecution of such proceedings against county officers, and of city attorneys or the district attorneys general for the state, upon like request, to aid and assist in the prosecution of such proceedings against municipal officers other than themselves.
Acts 1915, ch. 11, § 3; Shan., § 1135a6; Code 1932, § 1882; T.C.A. (orig. ed.), § 8-2711.
2023 Tennessee Code › Title 8 - PUBLIC OFFICERS AND EMPLOYEES (§§ 8-1-101 — 65-168) › Chapter 47 - REMOVAL OF OFFICERS (§§ 8-47-101 — 8-47-127) › Section 8-47-112 - Additional counsel for prosecution

The governor may in all cases, by and with the concurrence of the attorney general and reporter, employ on behalf of the state additional counsel to aid in the prosecution of such proceedings whenever the default charged involves the failure or neglect of the accused to perform the accused's duty under any law or laws of the state.
Acts 1915, ch. 11, § 4; Shan., § 1135a8; Code 1932, § 1884; T.C.A. (orig. ed.), § 8-2712.
2023 Tennessee Code › Title 8 - PUBLIC OFFICERS AND EMPLOYEES (§§ 8-1-101 — 65-168) › Chapter 47 - REMOVAL OF OFFICERS (§§ 8-47-101 — 8-47-127) › Section 8-47-113 - Form and contents of petition

The accused shall be named as defendant, and the petition or complaint, except when filed upon the relation of the law officers of the state, district, county, or municipality, shall be verified by oath or affidavit, shall state the charges against defendant, with reasonable certainty, and be subject to amendment as in other actions.
Acts 1915, ch. 11, § 5; Shan., § 1135a9; Code 1932, § 1885; T.C.A. (orig. ed.), § 8-2713.
2023 Tennessee Code › Title 8 - PUBLIC OFFICERS AND EMPLOYEES (§§ 8-1-101 — 65-168) › Chapter 47 - REMOVAL OF OFFICERS (§§ 8-47-101 — 8-47-127) › Section 8-47-114 - Summons - Time to answer

Upon the filing of the complaint or petition for the writ of ouster, a summons shall issue for the defendant, and there shall accompany the summons and be served upon the defendant a copy of the complaint or petition filed against the defendant, and the defendant shall have the right to answer within twenty (20) days from such service.
Acts 1915, ch. 11, § 6; Shan., § 1135a10; Acts 1919, ch. 161, § 1; Code 1932, § 1886; T.C.A. (orig. ed.), § 8-2714.
2023 Tennessee Code › Title 8 - PUBLIC OFFICERS AND EMPLOYEES (§§ 8-1-101 — 65-168) › Chapter 47 - REMOVAL OF OFFICERS (§§ 8-47-101 — 8-47-127) › Section 8-47-115 - Pleadings

The petition and answer shall constitute the only pleadings allowed, and all allegations in the answer shall be deemed controverted, and any and all questions as to the sufficiency of the petition or complaint shall be raised and determined upon the trial of the case, and if such petition or complaint is held to be insufficient in form, the same shall be amended at once, and such amendment shall not delay the trial of the case.
Acts 1915, ch. 11, § 6; Shan., § 1135a11; Code 1932, § 1887; T.C.A. (orig. ed.), § 8-2715.
2023 Tennessee Code › Title 8 - PUBLIC OFFICERS AND EMPLOYEES (§§ 8-1-101 — 65-168) › Chapter 47 - REMOVAL OF OFFICERS (§§ 8-47-101 — 8-47-127) › Section 8-47-116 - Suspension pending hearing - Filling of vacancy

Upon petition or complaint being filed, praying for a writ of ouster against any of the officers herein named, and whether such action is brought by the attorney general and reporter, district attorney general, county attorney, city attorney, or by relator citizens and freeholders, the court, judge, or chancellor may, on application of the attorney general and reporter, the district attorney general for the state, the county attorney, city attorney, or relator citizens and freeholders bringing such action, suspend such officer or officers so accused from performing any of the duties of their office, pending a final hearing and determination of the matter; and, thereupon, the vacancy shall be filled as the law provides for the filling of vacancies in such office, and such person or persons so filling such vacancy shall carry on the duties of the office until such hearing shall be finally determined or until the successor of the officer so suspended shall be elected or appointed as provided by law, and shall have qualified.
Acts 1915, ch. 11, § 10; Shan., § 1135a16; Code 1932, § 1892; T.C.A. (orig. ed.), § 8-2716.
2023 Tennessee Code › Title 8 - PUBLIC OFFICERS AND EMPLOYEES (§§ 8-1-101 — 65-168) › Chapter 47 - REMOVAL OF OFFICERS (§§ 8-47-101 — 8-47-127) › Section 8-47-117 - Hearing on suspension

No person shall be suspended under this chapter until at least five (5) days' notice of the application for the order of suspension shall be served upon such person, which notice shall set forth the time and place of the hearing of the application, and the officer shall have the right to appear and make any defense that the officer may have, and shall be entitled to a full hearing upon the charges contained in the complaint and upon the application for the order of suspension; and no order of suspension shall be made, except upon finding of good cause therefor.
Acts 1915, ch. 11, § 10; Shan., § 1135a17; Code 1932, § 1893; T.C.A. (orig. ed.), § 8-2717.
2023 Tennessee Code › Title 8 - PUBLIC OFFICERS AND EMPLOYEES (§§ 8-1-101 — 65-168) › Chapter 47 - REMOVAL OF OFFICERS (§§ 8-47-101 — 8-47-127) › Section 8-47-118 - Application of chancery procedure

The proceedings under this chapter, whether in the circuit, chancery, or criminal courts, shall be conducted in accordance with the procedure of courts of chancery, where not otherwise expressly provided herein. All of such courts having cognizance of such proceedings are hereby given the full jurisdiction and powers of courts of equity with respect to such proceedings.
Acts 1915, ch. 11, § 6; Shan., § 1135a12; Code 1932, § 1888; T.C.A. (orig. ed.), § 8-2718.
2023 Tennessee Code › Title 8 - PUBLIC OFFICERS AND EMPLOYEES (§§ 8-1-101 — 65-168) › Chapter 47 - REMOVAL OF OFFICERS (§§ 8-47-101 — 8-47-127) › Section 8-47-119 - Trial - Continuance - Right to jury

(a)
Such proceedings in ouster shall be summary and triable as equitable actions, shall have precedence over civil and criminal actions, and shall be tried at the first term after the filing of the complaint or petition herein named; provided, that the answer herein named shall have been on file at least ten (10) days before the day of trial.
(b)
A continuance may be granted either side for good cause shown, but no continuance shall be granted by an agreement of the parties.
(c)
Both upon hearing of preliminary motion to suspend and also upon any final hearing of such proceedings, any defendant shall be entitled to demand and have a trial by jury as to any issue of fact.
Acts 1915, ch. 11, § 7; Shan., § 1135a13; Code 1932, § 1889; Acts 1933, ch. 94, § 1; 1937 (3rd Ex. Sess.), ch. 3, § 1; 1939, ch. 10, §1; C. Supp. 1950, § 1889; T.C.A. (orig. ed.), § 8-2719.
2023 Tennessee Code › Title 8 - PUBLIC OFFICERS AND EMPLOYEES (§§ 8-1-101 — 65-168) › Chapter 47 - REMOVAL OF OFFICERS (§§ 8-47-101 — 8-47-127) › Section 8-47-120 - Judgment of ouster

If the defendant is found guilty, judgment of ouster shall be rendered against the defendant, and the defendant shall be ousted from office.
Acts 1915, ch. 11, § 8; Shan., § 1135a14; Code 1932, § 1890; T.C.A. (orig. ed.), § 8-2720.
2023 Tennessee Code › Title 8 - PUBLIC OFFICERS AND EMPLOYEES (§§ 8-1-101 — 65-168) › Chapter 47 - REMOVAL OF OFFICERS (§§ 8-47-101 — 8-47-127) › Section 8-47-121 - Restoration to office - Salary during suspension - Attorney fees

If, on the final hearing of the complaint or petition herein provided, the officer is not removed from office, the officer shall, if the officer has been suspended, be immediately restored to office, and be allowed the officer's full costs and the salary and fees of the officer's office during the time of the officer's suspension, as the case may be, against the state, county, or municipality, to be taxed and paid as in other cases. Such officer so temporarily filling the office shall receive the same salary and fees as is provided by law to be paid to the officer so suspended. After final hearing on the complaint or petition, any public officer not removed from office, or if the officer has been suspended, any officer immediately restored to office, may be reimbursed reasonable attorney fees by the appropriate state, county, municipality, or other political subdivision. If either party appeals pursuant to §
8-47-123
, no such reimbursement shall be made until a final judgment is rendered.
Acts 1915, ch. 11, § 10; Shan., § 1135a18; Code 1932, § 1894; T.C.A. (orig. ed.), §8-2721; Acts 1997 , ch. 262, § 1.