reglab/statecodes huggingface dataset:
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 8-47-122 - Liability for costs

(a)
Such proceedings against state officers, when brought by or upon relation of the attorney general and reporter, shall be at the expense of the state; when brought against county officers by or upon the relation of any of the officers above named, they shall be at the expense of the county; when brought against municipal officers by or upon the relation of the city attorney, or the district attorney general, they shall be at the expense of the municipality; and when brought by or upon the relation of citizens and freeholders, they shall be at the expense of relators; provided, that in all cases, where such proceedings are successful, full costs shall be adjudged against the defendant.
(b)
Notwithstanding subsection (a) or any other law to the contrary, the complainant may be taxed for costs and attorney fees pursuant to Rule 11 of the Tennessee Rules of Civil Procedure, if the complaint or petition is withdrawn or if the court finds the charges alleged to be without merit.
Acts 1915, ch. 11, § 3; Shan., § 1135a5; Code 1932, § 1881; T.C.A. (orig. ed.), §8-2722; Acts 1997 , ch. 231, § 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 8-47-123 - Appeal

Either party may appeal from the final judgment or decree, but such appeal shall not operate to suspend or vacate the judgment or decree, but the same shall remain in full force until vacated, reversed, or modified.
Acts 1915, ch. 11, § 9; Shan., § 1135a15; Code 1932, § 1891; T.C.A. (orig. ed.), § 8-2723; Acts 1981, ch. 449, § 2; 1992, ch. 952, § 3.
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 8-47-124 - Procedure

In all appeals, the procedure shall be governed by the Tennessee Rules of Appellate Procedure.
Acts 1915, ch. 11, § 13; Shan., § 1135a23; Code 1932, § 1899; T.C.A. (orig. ed.), § 8-2724; Acts 1981, ch. 449, § 2; 1992, ch. 952, § 4.
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 8-47-125 - Priority on appeal

On appeal, such cause shall stand for trial at the first term after such appeal is perfected and filed, and shall have precedence over all civil and criminal cases.
Acts 1915, ch. 11, § 13; Shan., § 1135a24; Code 1932, § 1900; T.C.A. (orig. ed.), § 8-2725.
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 8-47-126 - Criminal liability unaffected

(a)
Nothing in this chapter shall be construed as repealing any law now in force making it a crime or misdemeanor for such public officers to violate certain statutes of this state and providing a punishment for the violation.
(b)
Proceedings under this chapter shall not be a bar to proceedings under any criminal statute now in force or which may be in force.
Acts 1915, ch. 11, § 15; Shan., § 1135a26; Code 1932, § 1902; T.C.A. (orig. ed.), § 8-2726.
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 8-47-127 - Lottery construed

Participation in any activity which is conducted pursuant to law and authorized by the Constitution of Tennessee, Article XI, § 5 shall not be construed as gambling for the purposes of §
8-47-101
.
Acts 2003 , ch. 297, § 11.
2023 Tennessee Code › Title 8 - PUBLIC OFFICERS AND EMPLOYEES (§§ 8-1-101 — 65-168) › Chapter 48 - VACANCIES IN OFFICE (§§ 8-48-101 — 8-48-209) › Part 1 - GENERAL PROVISIONS (§§ 8-48-101 — 8-48-111) › Section 8-48-101 - Causes of vacancies

Any office in this state is vacated by:
(1)
The death of the incumbent;
(2)
The incumbent's resignation, when permitted by law;
(3)
Ceasing to be a resident of the state, or of the district, circuit, or county for which the incumbent was elected or appointed;
(4)
The decision of a competent tribunal, declaring the election or appointment void or the office vacant;
(5)
An act of the general assembly abridging the term of office, where it is not fixed by the constitution;
(6)
The sentence of the incumbent, by any competent tribunal in this or any other state, to the penitentiary, subject to restoration if the judgment is reversed, but not if the incumbent is pardoned; or
(7)
Due adjudication of the incumbent's insanity.
Code 1858, § 797; Shan., § 1118; mod. Code 1932, § 1859; T.C.A. (orig. ed.), § 8-2801.
2023 Tennessee Code › Title 8 - PUBLIC OFFICERS AND EMPLOYEES (§§ 8-1-101 — 65-168) › Chapter 48 - VACANCIES IN OFFICE (§§ 8-48-101 — 8-48-209) › Part 1 - GENERAL PROVISIONS (§§ 8-48-101 — 8-48-111) › Section 8-48-102 - Notice by county clerk of death of officer

On the death of any senator or representative from this state to the congress of the United States, or of any member of the general assembly, the county clerk of the county in which such officer, at the time of death, resided, shall give notice thereof to the governor; or on the death of the governor, such county clerk shall give notice to the speaker of the senate; and, in case of the death of any other officer, to the officer who is to fill the vacancy.
Code 1858, § 798 (deriv. Const. 1834, art. 3, § 12); Shan., § 1119; Code 1932, § 1860; Acts 1979, ch. 9, § 2; T.C.A. (orig. ed.), § 8-2802.
2023 Tennessee Code › Title 8 - PUBLIC OFFICERS AND EMPLOYEES (§§ 8-1-101 — 65-168) › Chapter 48 - VACANCIES IN OFFICE (§§ 8-48-101 — 8-48-209) › Part 1 - GENERAL PROVISIONS (§§ 8-48-101 — 8-48-111) › Section 8-48-103 - Transmittal of resignation of governor

The governor, if the governor resigns during the session of the general assembly, shall transmit the governor's resignation to the speaker of the senate; otherwise, to the secretary of state, who shall notify the speaker of the senate.
Code 1858, § 799; Shan., § 1120; Code 1932, § 1861; T.C.A. (orig. ed.), § 8-2803.
2023 Tennessee Code › Title 8 - PUBLIC OFFICERS AND EMPLOYEES (§§ 8-1-101 — 65-168) › Chapter 48 - VACANCIES IN OFFICE (§§ 8-48-101 — 8-48-209) › Part 1 - GENERAL PROVISIONS (§§ 8-48-101 — 8-48-111) › Section 8-48-104 - Transmittal of resignations of other officers

The resignation of senators and representatives in congress and members of the general assembly shall be transmitted to the governor; and in all other cases the resignation of officers shall be transmitted to the officer or tribunal authorized to fill the vacancy.
Code 1858, § 800; Shan., § 1121; Code 1932, § 1862; T.C.A. (orig. ed.), § 8-2804.
2023 Tennessee Code › Title 8 - PUBLIC OFFICERS AND EMPLOYEES (§§ 8-1-101 — 65-168) › Chapter 48 - VACANCIES IN OFFICE (§§ 8-48-101 — 8-48-209) › Part 1 - GENERAL PROVISIONS (§§ 8-48-101 — 8-48-111) › Section 8-48-105 - Notice of removal

Notice of the removal of any officer from the state, or from the district, circuit, or county for which the officer was elected or appointed, shall be given by and to the same officers as notice of such officer's death.
Code 1858, § 801; Shan., § 1122; Code 1932, § 1863; T.C.A. (orig. ed.), § 8-2805.
2023 Tennessee Code › Title 8 - PUBLIC OFFICERS AND EMPLOYEES (§§ 8-1-101 — 65-168) › Chapter 48 - VACANCIES IN OFFICE (§§ 8-48-101 — 8-48-209) › Part 1 - GENERAL PROVISIONS (§§ 8-48-101 — 8-48-111) › Section 8-48-106 - Certification of judgment of vacancy

Whenever there is a final judgment of a competent tribunal declaring any election or appointment void, or any office vacated, such judgment shall promptly be certified by the clerk to the appointing power or power whose duty it is to take steps to fill the vacancy.
Code 1858, § 802; Shan., § 1123; Code 1932, § 1864; T.C.A. (orig. ed.), § 8-2806.
2023 Tennessee Code › Title 8 - PUBLIC OFFICERS AND EMPLOYEES (§§ 8-1-101 — 65-168) › Chapter 48 - VACANCIES IN OFFICE (§§ 8-48-101 — 8-48-209) › Part 1 - GENERAL PROVISIONS (§§ 8-48-101 — 8-48-111) › Section 8-48-107 - Notice of vacancies to general assembly

The governor shall give notice to the general assembly, at each session thereof, of all offices to be filled by that body which have become vacant or which will be vacant by the expiration of the term of office, before the next regular session.
Code 1858, § 803; Shan., § 1124; Code 1932, § 1865; T.C.A. (orig. ed.), § 8-2807.
2023 Tennessee Code › Title 8 - PUBLIC OFFICERS AND EMPLOYEES (§§ 8-1-101 — 65-168) › Chapter 48 - VACANCIES IN OFFICE (§§ 8-48-101 — 8-48-209) › Part 1 - GENERAL PROVISIONS (§§ 8-48-101 — 8-48-111) › Section 8-48-108 - Acting to fill vacancy without notice

The provisions of §§
8-48-102
- 8-48-107 for notice of official vacancy are merely directory, and the appointing power, or officer whose duty it is to take steps to supply the vacancy, need not wait for such notice, but may act upon information derived from other sources.
Code 1858, § 804; Shan., § 1125; Code 1932, § 1866; T.C.A. (orig. ed.), § 8-2808.
2023 Tennessee Code › Title 8 - PUBLIC OFFICERS AND EMPLOYEES (§§ 8-1-101 — 65-168) › Chapter 48 - VACANCIES IN OFFICE (§§ 8-48-101 — 8-48-209) › Part 1 - GENERAL PROVISIONS (§§ 8-48-101 — 8-48-111) › Section 8-48-109 - Judicial vacancies filled from same grand division

Any vacancy in the office of supreme court or appeals court judge shall be filled by a person residing in the grand division of the state in which the vacancy occurs.
Acts 1870, ch. 23, § 8; Shan., § 1156; mod. Code 1932, § 1917; T.C.A. (orig. ed.), § 8-2809.
2023 Tennessee Code › Title 8 - PUBLIC OFFICERS AND EMPLOYEES (§§ 8-1-101 — 65-168) › Chapter 48 - VACANCIES IN OFFICE (§§ 8-48-101 — 8-48-209) › Part 1 - GENERAL PROVISIONS (§§ 8-48-101 — 8-48-111) › Section 8-48-110 - Emergency interim successors to local offices where vacancy filled by legislative body

With respect to local offices for which the legislative bodies of cities, towns, villages, townships, and counties may enact resolutions or ordinances relative to the manner in which vacancies will be filled or temporary appointments to office made, such legislative bodies are hereby authorized to enact resolutions or ordinances providing for emergency interim successors to offices of the aforementioned governmental units. Such resolutions and ordinances shall not be inconsistent with this section and §
8-48-111
.
Acts 1961, ch. 318, § 1; T.C.A., § 8-2819.
2023 Tennessee Code › Title 8 - PUBLIC OFFICERS AND EMPLOYEES (§§ 8-1-101 — 65-168) › Chapter 48 - VACANCIES IN OFFICE (§§ 8-48-101 — 8-48-209) › Part 1 - GENERAL PROVISIONS (§§ 8-48-101 — 8-48-111) › Section 8-48-111 - Emergency interim successors to local offices not included in section 8-48-110

This section shall be applicable to officers of political subdivisions, including, but not limited to, cities, towns, villages, townships and counties, as well as school, fire, power and drainage districts, not included in §
8-48-110
. Such officers, subject to such regulations as the executive head of the political subdivision may issue, shall designate by title (if feasible) or by named person, emergency interim successors and specify their order of succession. The officer shall review and revise, as necessary, designations made pursuant to this section to ensure their current status. The officer will designate a sufficient number of persons so that there will be not less than three (3), nor more than seven (7), deputies or emergency interim successors or any combination thereof, at any time. In the event that any officer of any political subdivision, or the officer's deputy provided for pursuant to law, is unavailable, the powers of the office shall be exercised and duties shall be discharged by the officer's designated emergency interim successors in the order specified. The emergency interim successors shall exercise the powers and discharge the duties of the office to which designated until such time as a vacancy which may exist shall be filled in accordance with the constitution or statutes, or until the officer, or the officer's deputy or a preceding emergency interim successor, again becomes available to exercise the powers and discharge the duties of office.
Acts 1961, ch. 318, § 2; T.C.A., § 8-2820.
2023 Tennessee Code › Title 8 - PUBLIC OFFICERS AND EMPLOYEES (§§ 8-1-101 — 65-168) › Chapter 48 - VACANCIES IN OFFICE (§§ 8-48-101 — 8-48-209) › Part 2 - ABSENCE IN MILITARY SERVICE (§§ 8-48-201 — 8-48-209) › Section 8-48-201 - "Military service" defined

"Military service," as used in this part, includes the enlistment or induction into the United States army or any branch thereof, the United States navy, the air force, the marine corps, the coast guard, the merchant marine, or any other military activity carried on in the aid of the war effort.
Acts 1943, ch. 4, § 4; C. Supp. 1950, § 1866.4; T.C.A. (orig. ed.), § 8-2810.
2023 Tennessee Code › Title 8 - PUBLIC OFFICERS AND EMPLOYEES (§§ 8-1-101 — 65-168) › Chapter 48 - VACANCIES IN OFFICE (§§ 8-48-101 — 8-48-209) › Part 2 - ABSENCE IN MILITARY SERVICE (§§ 8-48-201 — 8-48-209) › Section 8-48-202 - Return from military service before expiration of term

Whenever any person holding a state or county office is inducted into the military service of the United States, such induction shall not operate to create a permanent vacancy in the office, but upon the return of the officer from the military service, such person shall be entitled to resume the duties of the office for the remainder of the term for which the officer was elected; provided, that it has not theretofore already expired.
Acts 1943, ch. 4, § 1; C. Supp. 1950, § 1866.1; T.C.A. (orig. ed.), § 8-2811.
2023 Tennessee Code › Title 8 - PUBLIC OFFICERS AND EMPLOYEES (§§ 8-1-101 — 65-168) › Chapter 48 - VACANCIES IN OFFICE (§§ 8-48-101 — 8-48-209) › Part 2 - ABSENCE IN MILITARY SERVICE (§§ 8-48-201 — 8-48-209) › Section 8-48-203 - Return from service after term

If the regular officer who may be inducted into the military service does not return prior to the expiration of the term to which the officer was elected, then and in that event the officer's successor shall be elected in the regular manner as provided by the general law.
Acts 1943, ch. 4, § 1; C. Supp. 1950, § 1866.1; T.C.A. (orig. ed.), § 8-2812.
2023 Tennessee Code › Title 8 - PUBLIC OFFICERS AND EMPLOYEES (§§ 8-1-101 — 65-168) › Chapter 48 - VACANCIES IN OFFICE (§§ 8-48-101 — 8-48-209) › Part 2 - ABSENCE IN MILITARY SERVICE (§§ 8-48-201 — 8-48-209) › Section 8-48-204 - Temporary officer acting for officer in military service

Whenever any state or county officer is inducted into the military service of the United States, the duties of the office shall be discharged temporarily during the absence of such officer by some other person legally qualified to discharge the duties of the office and selected in the manner hereinafter set out as to the various offices involved.
Acts 1943, ch. 4, § 2; C. Supp. 1950, § 1866.2; T.C.A. (orig. ed.), § 8-2813.
2023 Tennessee Code › Title 8 - PUBLIC OFFICERS AND EMPLOYEES (§§ 8-1-101 — 65-168) › Chapter 48 - VACANCIES IN OFFICE (§§ 8-48-101 — 8-48-209) › Part 2 - ABSENCE IN MILITARY SERVICE (§§ 8-48-201 — 8-48-209) › Section 8-48-205 - Appointment of temporary officers

The appointment or election of persons to fill such offices temporarily shall be as follows:
(1)
In the event a judge of any court of record in the state, including county judges and general sessions judges in counties where vacancies are filled by appointment of the governor, shall be inducted into the military service of the United States, such office shall be filled during the absence of the regular incumbent by appointment of the governor;
(2)
In the event a district attorney general is in like manner inducted into the military service, such office shall be filled during the district attorney general's absence by the appointment, to be made by the circuit or criminal judge of the district, of a qualified person to serve during the temporary absence of the regular incumbent;
(3)
In the event a commissioner of the Tennessee public utility commission is inducted into the military service, the member's office shall be filled during the member's absence by appointment by the governor of a qualified person to serve temporarily in the member's place;
(4)
In the event a clerk and master is inducted into the military service, the clerk and master's office shall be filled by appointment by the chancellor of a qualified person to serve temporarily in the clerk and master's place; and
(5)
In the event any other county officer is inducted into the military service, such office shall be filled temporarily by election by the county legislative body of the county from which such regular incumbent is temporarily absent.
Amended by 2017 Tenn. Acts, ch. 94,s 28, eff. 4/4/2017.
Acts 1943, ch. 4, § 3; C. Supp. 1950, § 1866.3; impl. am. Acts 1955, ch. 69, § 1; impl. am. Acts 1978, ch. 934, §§ 7, 36; T.C.A. (orig. ed.), § 8-2814; Acts 1991, ch. 147, § 1; 1995, ch. 305, § 93.
2023 Tennessee Code › Title 8 - PUBLIC OFFICERS AND EMPLOYEES (§§ 8-1-101 — 65-168) › Chapter 48 - VACANCIES IN OFFICE (§§ 8-48-101 — 8-48-209) › Part 2 - ABSENCE IN MILITARY SERVICE (§§ 8-48-201 — 8-48-209) › Section 8-48-206 - Qualifications of temporary officers

All persons selected under authority of this part to fill offices temporarily shall be persons possessing qualifications under the general law to fill such offices.
Amended by 2015 Tenn. Acts, ch. 46,s 1, eff. 3/27/2015.
Acts 1943, ch. 4, § 3; C. Supp. 1950, § 1866.3; impl. am. Acts 1978, ch. 934, §§ 7, 36; T.C.A. (orig. ed.), § 8-2815.
2023 Tennessee Code › Title 8 - PUBLIC OFFICERS AND EMPLOYEES (§§ 8-1-101 — 65-168) › Chapter 48 - VACANCIES IN OFFICE (§§ 8-48-101 — 8-48-209) › Part 2 - ABSENCE IN MILITARY SERVICE (§§ 8-48-201 — 8-48-209) › Section 8-48-207 - Bond and oath

Every person either appointed or elected under this part to discharge the duties of any office and who is required by the general law to execute bond or subscribe to an oath of office shall, before entering upon the discharge of the duties of the office, qualify by executing and filing such bond or bonds and oath of office as required by the general law.
Acts 1943, ch. 4, § 5; C. Supp. 1950, § 1866.5; T.C.A. (orig. ed.), § 8-2816.
2023 Tennessee Code › Title 8 - PUBLIC OFFICERS AND EMPLOYEES (§§ 8-1-101 — 65-168) › Chapter 48 - VACANCIES IN OFFICE (§§ 8-48-101 — 8-48-209) › Part 2 - ABSENCE IN MILITARY SERVICE (§§ 8-48-201 — 8-48-209) › Section 8-48-208 - Salary of temporary officer

(a)
The person filling an office temporarily under authority of this part shall be entitled to and shall receive the salary attached to the office, payable out of the funds provided for that purpose.
(b)
The person shall discharge the duties of the office and be clothed with all the power and authority of the regular officer in whose place the person is serving, and be entitled to the same privileges and emoluments as the regular officer.
Acts 1943, ch. 4, § 2; C. Supp. 1950, § 1866.2; T.C.A. (orig. ed.), § 8-2817.
2023 Tennessee Code › Title 8 - PUBLIC OFFICERS AND EMPLOYEES (§§ 8-1-101 — 65-168) › Chapter 48 - VACANCIES IN OFFICE (§§ 8-48-101 — 8-48-209) › Part 2 - ABSENCE IN MILITARY SERVICE (§§ 8-48-201 — 8-48-209) › Section 8-48-209 - Removal of assistants

Any person chosen under this part to serve in the place and stead of any official inducted into the military service, as herein defined, shall be without power to remove any assistant or assistants appointed by the official whose duties the person is performing temporarily; but such power of appointment shall remain with the person originally chosen to fill such office.
Acts 1943, ch. 4, § 6; C. Supp. 1950, § 1866.6; T.C.A. (orig. ed.), § 8-2818.
2023 Tennessee Code › Title 8 - PUBLIC OFFICERS AND EMPLOYEES (§§ 8-1-101 — 65-168) › Chapter 49 - TRANSFER OF RECORDS AND PROPERTY OF OFFICE (§§ 8-49-101 — 8-49-107) › Section 8-49-101 - Delivery to successor required

In all cases in which it is not otherwise expressly provided, when any office is vacated, all books, papers, property and moneys belonging or appertaining to such office, shall, on demand, be delivered over to the qualified successor. Every person knowingly and willfully violating this section commits a Class C misdemeanor.
Code 1858, § 805; Shan., § 1126; Code 1932, § 1867; T.C.A. (orig. ed.), § 8-2901; Acts 1989, ch. 591, § 113.
2023 Tennessee Code › Title 8 - PUBLIC OFFICERS AND EMPLOYEES (§§ 8-1-101 — 65-168) › Chapter 49 - TRANSFER OF RECORDS AND PROPERTY OF OFFICE (§§ 8-49-101 — 8-49-107) › Section 8-49-102 - Order to show cause for nondelivery

(a)
If any person having the possession thereof refuses or neglects, after a demand is made by a qualified officer, to deliver over any books, papers, or property, as required in §
8-49-101
, such officer may make complaint to the circuit judge, or judge of the court of general sessions of the county in which the person refusing resides.
(b)
If such judge is satisfied by the oath of the complainant, and such other evidence as may be offered, that any such books, papers, or property are withheld, the judge shall grant an order upon the person so refusing to show cause, on a day and at a place to be therein named, why the person should not be compelled to deliver the same.
Code 1858, § 806; Shan., § 1127; Code 1932, § 1868; impl. am. Acts 1979, ch. 68, § 3; T.C.A. (orig. ed.), § 8-2902.
2023 Tennessee Code › Title 8 - PUBLIC OFFICERS AND EMPLOYEES (§§ 8-1-101 — 65-168) › Chapter 49 - TRANSFER OF RECORDS AND PROPERTY OF OFFICE (§§ 8-49-101 — 8-49-107) › Section 8-49-103 - Inquiry as to nondelivery

At the time so appointed, or at any other time to which the matter may be adjourned, a copy of such order having been personally served on the person so refusing, such officer shall proceed to inquire into the circumstances.
Code 1858, § 807; Shan., § 1128; Code 1932, § 1869; T.C.A. (orig. ed.), § 8-2903.
2023 Tennessee Code › Title 8 - PUBLIC OFFICERS AND EMPLOYEES (§§ 8-1-101 — 65-168) › Chapter 49 - TRANSFER OF RECORDS AND PROPERTY OF OFFICE (§§ 8-49-101 — 8-49-107) › Section 8-49-104 - Oath of delivery to qualified successor

If the person charged makes oath that such person has delivered over to the qualified successor all such books, papers, and property in such person's possession or appertaining to such office, all further proceedings shall cease, without prejudice to the officer to take other steps allowed by law.
Code 1858, § 808; Shan., § 1129; Code 1932, § 1870; T.C.A. (orig. ed.), § 8-2904.
2023 Tennessee Code › Title 8 - PUBLIC OFFICERS AND EMPLOYEES (§§ 8-1-101 — 65-168) › Chapter 49 - TRANSFER OF RECORDS AND PROPERTY OF OFFICE (§§ 8-49-101 — 8-49-107) › Section 8-49-105 - Commitment for failure to deliver records and property

If such affidavit is not made, and it appears that any such books, papers, and property are withheld, the officer before whom the proceedings are had, shall, by warrant, commit the person so withholding them to the county jail, there to remain until that person delivers such books, papers, and property, or is otherwise discharged by law.
Code 1858, § 809; Shan., § 1130; Code 1932, § 1871; T.C.A. (orig. ed.), § 8-2905.
2023 Tennessee Code › Title 8 - PUBLIC OFFICERS AND EMPLOYEES (§§ 8-1-101 — 65-168) › Chapter 49 - TRANSFER OF RECORDS AND PROPERTY OF OFFICE (§§ 8-49-101 — 8-49-107) › Section 8-49-106 - Search warrant for records and property

In the case stated in §
8-49-105
, if required by the complainant, such officer shall also issue warrant, directed to any lawful officer, commanding that officer, in the daytime, to search such places as may be designated in the warrant, for such books, papers, and property as belonged and appertained to the office vacated, and to seize and bring them before the officer issuing such warrant.
Code 1858, § 810; Shan., § 1131; Code 1932, § 1872; T.C.A. (orig. ed.), § 8-2906.
2023 Tennessee Code › Title 8 - PUBLIC OFFICERS AND EMPLOYEES (§§ 8-1-101 — 65-168) › Chapter 49 - TRANSFER OF RECORDS AND PROPERTY OF OFFICE (§§ 8-49-101 — 8-49-107) › Section 8-49-107 - Delivery of records and property returned on warrant

Upon any books, papers, or property being brought before such officer, by virtue of such warrant, the officer shall examine and inquire whether the same appertained to the office vacated, in which case the officer shall cause such books, papers, and property to be delivered to the complainant.
Code 1858, § 811; Shan., § 1132; Code 1932, § 1873; T.C.A. (orig. ed.), § 8-2907.
2023 Tennessee Code › Title 8 - PUBLIC OFFICERS AND EMPLOYEES (§§ 8-1-101 — 65-168) › Chapter 50 - MISCELLANEOUS PROVISIONS (§§ 8-50-NEW — 8-50-1301) › Part 1 - GENERAL PROVISIONS (§§ 8-50-NEW — 8-50-120) › Section 8-50-NEW - [Newly enacted section not yet numbered]

(a)
As used in this section, "state employee" means an employee of this state within the executive, legislative, or judicial branch of state government.
(b)
Notwithstanding another law to the contrary, during a twelve-month period:
(1)
A state employee may participate in Tennessee foster parent training during the course of their employment for up to twenty-five (25) hours without having to use paid sick, annual, or compensatory time. If a state employee participates in such training in accordance with this subdivision (b)(1), the state employee is not entitled thereafter to participate in such training during the course of their employment without using paid sick, annual, or compensatory time. The department of human resources shall develop a form to be used by the department of children's services to document the completion of foster parent training under this subdivision (b)(1) by a state employee. Upon completion of such training, the department of children's services shall document the amount of training completed on the appropriate form and return the form to the employee's employing state agency in accordance with the pay period for such employee; and
(2)
A state employee may complete annual in-service training during the course of their employment for up to eight (8) hours without having to use paid sick, annual, or compensatory time. The department of human resources shall develop a form to be used by an employee to complete the training under this subdivision (b)(2).
Added by 2024 Tenn. Acts, ch. 642,s 1, eff. 4/4/2024.
2023 Tennessee Code › Title 8 - PUBLIC OFFICERS AND EMPLOYEES (§§ 8-1-101 — 65-168) › Chapter 50 - MISCELLANEOUS PROVISIONS (§§ 8-50-NEW — 8-50-1301) › Part 1 - GENERAL PROVISIONS (§§ 8-50-NEW — 8-50-120) › Section 8-50-101 - Expired

Added by 2014 Tenn. Acts, ch. 868, s 1, eff. 5/1/2014.
See 2014 Tenn. Acts, ch. 868, s 2.
2023 Tennessee Code › Title 8 - PUBLIC OFFICERS AND EMPLOYEES (§§ 8-1-101 — 65-168) › Chapter 50 - MISCELLANEOUS PROVISIONS (§§ 8-50-NEW — 8-50-1301) › Part 1 - GENERAL PROVISIONS (§§ 8-50-NEW — 8-50-120) › Section 8-50-102 - Automatic salary advancements after passing certified administrative professional examinations

Any administrative assistant or administrative professional or any employee performing closely related administrative support duties of the state who successfully passes the certified administrative professional examination sponsored by the International Association of Administrative Professionals shall be granted an automatic two-step salary advancement under the state's basic compensation plan. Any automatic pay increase pursuant to this section shall take effect with the next pay period beginning after the department receives documentation of the certification. The automatic pay increase provided for in this section shall not affect any employee's eligibility for any regular merit increase. If necessary, one (1) or two (2) steps shall be added to the compensation plan to provide for the automatic increase provided for by this section.
Amended by 2015 Tenn. Acts, ch. 317,s 1, eff. 4/28/2015.
Acts 1972, ch. 537, § 1; T.C.A., § 8-4124; Acts 1988, ch. 462, § 1; 1991, ch. 162, § 1; 2007, ch. 564, § 1.
2023 Tennessee Code › Title 8 - PUBLIC OFFICERS AND EMPLOYEES (§§ 8-1-101 — 65-168) › Chapter 50 - MISCELLANEOUS PROVISIONS (§§ 8-50-NEW — 8-50-1301) › Part 1 - GENERAL PROVISIONS (§§ 8-50-NEW — 8-50-120) › Section 8-50-103 - Employment of the disabled - Discrimination prohibited - Penalty - Complaint

(a)
This section and §
8-50-104
shall be known and may be cited as the "Tennessee Disability Act."
(b)
There shall be no discrimination in the hiring, firing and other terms and conditions of employment of the state of Tennessee or any department, agency, institution or political subdivision of the state, or of any private employer, against any applicant for employment based solely upon any physical, mental or visual disability of the applicant, unless such disability to some degree prevents the applicant from performing the duties required by the employment sought or impairs the performance of the work involved. Furthermore, no blind person shall be discriminated against in any such employment practices because such person uses a guide dog. A violation of this subsection (b) is a Class C misdemeanor.
(c)
(1)
Any person claiming to be aggrieved by a discriminatory practice prohibited by this section may file with the Tennessee human rights commission a written sworn complaint stating that a discriminatory practice has been committed, setting forth the facts sufficient to enable the commission to identify the persons charged.
(2)
Upon receipt of such complaint, the commission shall follow the procedure and exercise the powers and duties provided in §§
4-21-302
- 4-21-311, and the person shall have all rights provided therein.
(d)
For purposes of this section, "employer" means the state, or any political or civil subdivision thereof, and persons employing eight (8) or more persons within the state.
Amended by 2014 Tenn. Acts, ch. 995,s 3, eff. 7/1/2014.
Acts 1976, ch. 457, § 1; 1979, ch. 104, § 1; 1979, ch. 222, § 1; T.C.A., § 8-4131; Acts 1986, ch. 692, § 1; 1986, ch. 869, § 16; 1987, ch. 15, §§ 1, 2; 1989, ch. 591, § 113; 1990, ch. 773, § 1; 2008 , ch. 706, §§ 3, 5.
2023 Tennessee Code › Title 8 - PUBLIC OFFICERS AND EMPLOYEES (§§ 8-1-101 — 65-168) › Chapter 50 - MISCELLANEOUS PROVISIONS (§§ 8-50-NEW — 8-50-1301) › Part 1 - GENERAL PROVISIONS (§§ 8-50-NEW — 8-50-120) › Section 8-50-104 - Employment of the disabled - Assistance programs - Studies

It is the policy of the state to give positive emphasis to the recruitment, evaluation, and employment of disabled persons in the public service. The department of human resources shall develop methods and programs to assist and encourage the departments, agencies and institutions of the state and the various political subdivisions of the state in carrying out the stated policy, and shall provide for appropriate study and review of the employment of disabled persons in the public service. Private employers in the state may in like manner develop policies for complying with §
8-50-103
.
Acts 1976, ch. 457, § 2; T.C.A., § 8-4132; Acts 2007 , ch. 60; 2008 , ch. 706, § 4.
2023 Tennessee Code › Title 8 - PUBLIC OFFICERS AND EMPLOYEES (§§ 8-1-101 — 65-168) › Chapter 50 - MISCELLANEOUS PROVISIONS (§§ 8-50-NEW — 8-50-1301) › Part 1 - GENERAL PROVISIONS (§§ 8-50-NEW — 8-50-120) › Section 8-50-105 - Counselors for educational or correctional institutions

No person shall be hired for a position as counselor in any educational or correctional institution in this state unless that person possesses adequate training and competence in the field of counseling.
Acts 1976, ch. 531, § 1; T.C.A., § 8-4133.
2023 Tennessee Code › Title 8 - PUBLIC OFFICERS AND EMPLOYEES (§§ 8-1-101 — 65-168) › Chapter 50 - MISCELLANEOUS PROVISIONS (§§ 8-50-NEW — 8-50-1301) › Part 1 - GENERAL PROVISIONS (§§ 8-50-NEW — 8-50-120) › Section 8-50-106 - Social worker's qualifications for state institution positions

No person shall hold a position as social worker in any mental health institution in this state unless that person possesses adequate training and competence in the field of social work.
Acts 1976, ch. 593, § 1; modified; T.C.A., § 8-4134.
2023 Tennessee Code › Title 8 - PUBLIC OFFICERS AND EMPLOYEES (§§ 8-1-101 — 65-168) › Chapter 50 - MISCELLANEOUS PROVISIONS (§§ 8-50-NEW — 8-50-1301) › Part 1 - GENERAL PROVISIONS (§§ 8-50-NEW — 8-50-120) › Section 8-50-107 - Discrimination concerning employees of local government on basis of nonresidence prohibited - Exceptions - First responders

(a)
Notwithstanding any public law, private act, or municipal charter to the contrary, no person currently under employment with any municipality, county, or metropolitan form of government, shall be dismissed or penalized solely on the basis of nonresidence in such local government.
(b)
[Repealed by 2024 amendment]
(c)
[Repealed by 2024 amendment]
(d)
(1)
Notwithstanding any law, private act, charter, resolution, or ordinance to the contrary, a local government shall not dismiss, discipline, fine, or penalize a first responder employed by a local government, or deny employment to a person applying to be a first responder, based on where the first responder or person applying to be a first responder resides.
(2)
As used in this subsection (d):
(A)
"First responder" means paid, full-time law enforcement officers, including jailers and correctional officers, firefighters, emergency medical personnel, and dispatchers of law enforcement, fire, and emergency medical service departments. "First responder" does not mean the chief or head of the department; and
(B)
(i)
"Local government" means a county, metropolitan government, municipality, or other political subdivision of this state;
(ii)
[Repealed by 2024 amendment]
(3)
This subsection (d) does not affect a local agency's policies:
(A)
Regarding the use of a department vehicle while not on duty; or
(B)
That require responses by employees who, based upon their assignment, are required to respond to an emergency or call out within a specific time period.
Amended by 2024 Tenn. Acts, ch. 851,s 1, eff. 5/1/2024.
Amended by 2023 Tenn. Acts, ch. 240, s 1, eff. 4/25/2023.
Amended by 2022 Tenn. Acts, ch. 720, s 1, eff. 3/24/2022.
Acts 1977, ch. 52, §§ 1, 2; T.C.A., § 8-4135.
2023 Tennessee Code › Title 8 - PUBLIC OFFICERS AND EMPLOYEES (§§ 8-1-101 — 65-168) › Chapter 50 - MISCELLANEOUS PROVISIONS (§§ 8-50-NEW — 8-50-1301) › Part 1 - GENERAL PROVISIONS (§§ 8-50-NEW — 8-50-120) › Section 8-50-108 - Access to personnel files

Notwithstanding any other provisions of this title to the contrary, any state employee, regardless of position or classification, shall be entitled to have access at any reasonable time to such employee's personnel files. The employee may request copies of any material contained in such personnel files, which copies shall be furnished to the employee upon the employee's payment of the cost of such reproduction.
Acts 1979, ch. 92, § 1; T.C.A., § 8-4137.
2023 Tennessee Code › Title 8 - PUBLIC OFFICERS AND EMPLOYEES (§§ 8-1-101 — 65-168) › Chapter 50 - MISCELLANEOUS PROVISIONS (§§ 8-50-NEW — 8-50-1301) › Part 1 - GENERAL PROVISIONS (§§ 8-50-NEW — 8-50-120) › Section 8-50-109 - Leave of absence for officers of employee associations

(a)
The chief elected officer of any employee association which has qualified for payroll deductions for association dues in accordance with §
8-23-204
, shall, upon application to the employee's department head, be allowed up to two (2) years leave of absence without pay to perform the responsibilities and duties of such person's office. This shall not apply to a chief elected officer of any employee association who is under the executive grade pay plan or the doctor and dentist pay plan. At the option of such person, the person may be paid for any accrued annual leave or any accrued annual leave may be carried forward to such time as the person returns to such person's position in state government. In the event the person elects to be paid for annual leave, the period of time for the leave of absence without pay shall be accordingly reduced.
(b)
Except as otherwise provided herein, no such person on leave without pay shall be entitled to any benefits unless the full cost of the same are paid by the person on leave and/or the association of which the person is the chief elected officer.
(c)
At the end of the period of leave, any person who has taken such leave shall be entitled to return to the person's former position at the same place of employment in the same class or rank in the division or department which such person held prior to taking such leave.
(d)
Any leave granted under this section shall not diminish any employee rights, including accrued but unused leave, longevity or those arising from longevity or time in grade.
(e)
Such person shall be entitled during the period of such leave to all benefits that person is otherwise entitled to, including, but not limited to, insurance and retirement; provided, that the person or the association involved reimburses the state for its cost for such benefits in the same manner and to the same extent that would have accrued had the person not taken such leave.
Acts 1979, ch. 120, § 1; T.C.A., § 8-4138; Acts 1986, ch. 508, § 1.
2023 Tennessee Code › Title 8 - PUBLIC OFFICERS AND EMPLOYEES (§§ 8-1-101 — 65-168) › Chapter 50 - MISCELLANEOUS PROVISIONS (§§ 8-50-NEW — 8-50-1301) › Part 1 - GENERAL PROVISIONS (§§ 8-50-NEW — 8-50-120) › Section 8-50-110 - Use of annual leave to attend statewide meeting of employee association

(a)
Subject to the limitations hereinafter established, an officer or an employee who belongs to any employee association which is qualified for payroll deduction for association dues as set forth in §
8-23-204
shall be entitled to use two (2) days of their accrued annual leave pursuant to part 8 of this chapter each year to attend a statewide meeting, conference or convention of the association. The total number of officers or employees entitled to such annual leave shall not exceed five percent (5%) of the total number of employees who are members of the association according to the latest certification of the chief administrative officer made to the commissioner of finance and administration as required by §
8-23-204
. Each such association may determine the method of allocating such leave among its members and shall, not more than thirty (30) nor less than fifteen (15) days prior to the date such leave is to be taken, certify to the commissioner of human resources the names of each person and that person's alternates who have been selected by the association as being entitled to such annual leave to attend the statewide meeting, conference or convention.
(b)
The first twenty-five percent (25%) of the employees of any work unit shall be granted such absence from work with pay based upon accrued annual leave. More than twenty-five percent (25%) of the employees of any work unit may be granted such absence from work with pay at the discretion of the head of the department or agency.
(c)
An officer or an employee who belongs to any employee association which is qualified for payroll deduction for association dues as set forth in §
8-23-204
and who is a member of the official board of such association shall be entitled to receive administrative leave days in order to attend board meetings to conduct business of the association; provided, that such leave shall not exceed twelve (12) days in any calendar year.
Acts 1981, ch. 123, § 1; 2007 , ch. 60; 2010 , ch. 708, § 1.
2023 Tennessee Code › Title 8 - PUBLIC OFFICERS AND EMPLOYEES (§§ 8-1-101 — 65-168) › Chapter 50 - MISCELLANEOUS PROVISIONS (§§ 8-50-NEW — 8-50-1301) › Part 1 - GENERAL PROVISIONS (§§ 8-50-NEW — 8-50-120) › Section 8-50-111 - Disabling assault injuries in the line of duty - Retention on regular payroll - Conditions

(a)
Whenever an employee of the state of Tennessee is injured in the line of duty as a result of the commission of an assault upon the employee, and whenever such injury disables the employee from performing the employee's regular duties, whether such disability is temporary or permanent, it is lawful for the appointing authority, with the prior approval of the commissioners of finance and administration and of human resources, to retain the injured employee on the regular payroll for a period of time not to exceed twenty-eight (28) calendar days without requiring the employee to use any sick leave benefits authorized by §
8-50-802
.
(b)
The length of time an injured employee will be permitted to remain on the regular payroll shall be based upon a written statement from the attending physician that the employee is unable to perform the employee's regular duties. In no event shall this period exceed twenty-eight (28) calendar days from the date of the injury.
(c)
In circumstances where an employee so injured shall make a claim for compensation for such injury to the division of claims and risk management, then the appointing authority is authorized to compensate the employee for the difference between the employee's weekly salary at the time of the injury and the weekly compensation for such injury as determined by the division for the period of time between the date of the injury and the effective date of the action of the division. In no event shall the period of this compensation exceed ninety (90) calendar days. This provision shall not apply to employees who have failed to file a claim with the division within ten (10) calendar days after the date of the injury causing the temporary or permanent disability.
(d)
In the event that the injured employee receives any monetary recovery from or settlement with a third party where the state recovers any part of such recovery in compensation for payments made pursuant to this section, the state shall pay a pro rata share, based upon the percentage of the recovery it receives, of any attorneys fees paid or agreed to by the injured employee to secure such settlement or recovery.
(e)
Nothing in this section shall be construed to prevent an injured state employee from requesting permission to use any sick leave benefits in accordance with §
8-50-802
.
(f)
This section shall apply to injuries sustained after July 1, 1981.
Acts 1981, ch. 135, §§ 1-6; 1984, ch. 972, § 19; 1987, ch. 19, §§ 1-3; 2007 , ch. 60.
2023 Tennessee Code › Title 8 - PUBLIC OFFICERS AND EMPLOYEES (§§ 8-1-101 — 65-168) › Chapter 50 - MISCELLANEOUS PROVISIONS (§§ 8-50-NEW — 8-50-1301) › Part 1 - GENERAL PROVISIONS (§§ 8-50-NEW — 8-50-120) › Section 8-50-113 - Bereavement leave

(a)
The officers and employees of the various agencies, boards, and departments of state government shall be granted three (3) days paid leave in the event of death of such officers' or employees' spouse, children, stepchildren, parents, siblings, grandparents, grandchildren, stepparents, foster parents, or parents-in-law without charge to the affected officers' or employees' accumulated leave accounts.
(b)
This section shall not be construed to increase the total number of leave days provided in rules of the department of human resources for the death of a family member as defined in this section.
Acts 1988, ch. 1010, § 1; 1989, ch. 51, §§ 1, 2; 1995, ch. 265, § 1; 2007, ch. 60.
2023 Tennessee Code › Title 8 - PUBLIC OFFICERS AND EMPLOYEES (§§ 8-1-101 — 65-168) › Chapter 50 - MISCELLANEOUS PROVISIONS (§§ 8-50-NEW — 8-50-1301) › Part 1 - GENERAL PROVISIONS (§§ 8-50-NEW — 8-50-120) › Section 8-50-115 - Education tuition reduction for children of state employees

(a)
(1)
Every child in Tennessee under twenty-four (24) years of age whose parent is a full-time employee of the state or whose parent died while employed full-time or was killed on the job or in the line of duty while a full-time employee of the state shall receive a twenty-five percent (25%) reduction in the tuition at any state-operated area technical vocational school or institution of higher learning.
(2)
Every child in Tennessee under twenty-four (24) years of age whose parent is a retired employee of the state who retired after a minimum of twenty-five (25) years of full-time creditable service shall receive a twenty-five percent (25%) reduction in the tuition at any state-operated area technical vocational school or institution of higher learning.
(b)
The Tennessee higher education commission is hereby directed, authorized and empowered to promulgate and adopt such rules and regulations as are necessary to implement this section. Such rules and regulations are subject to approval by the department of human resources.
(c)
Any reimbursements to a state-operated institution of higher learning for the tuition discounts provided by this section shall be limited to those funds specifically appropriated for that purpose in the general appropriations act. Such reimbursement shall be limited to providing for the discount on tuition provided for in this section.
Acts 1992, ch. 939, § 1; 1993, ch. 125, § 1; 1993, ch. 267, § 1; 1997, ch. 355, § 1; 2007, ch. 60.
2023 Tennessee Code › Title 8 - PUBLIC OFFICERS AND EMPLOYEES (§§ 8-1-101 — 65-168) › Chapter 50 - MISCELLANEOUS PROVISIONS (§§ 8-50-NEW — 8-50-1301) › Part 1 - GENERAL PROVISIONS (§§ 8-50-NEW — 8-50-120) › Section 8-50-117 - Job classifications for marital and family therapists

The department of human resources shall establish job classifications for marital and family therapists licensed pursuant to title 63, chapter 22, part 1, consistent with their scope of practice.
Acts 2009, ch. 174, § 1.
2023 Tennessee Code › Title 8 - PUBLIC OFFICERS AND EMPLOYEES (§§ 8-1-101 — 65-168) › Chapter 50 - MISCELLANEOUS PROVISIONS (§§ 8-50-NEW — 8-50-1301) › Part 1 - GENERAL PROVISIONS (§§ 8-50-NEW — 8-50-120) › Section 8-50-118 - Keeping employee photo identification on retirement

The state shall allow an employee upon retirement to keep such employee's employee photo identification card issued by the state. A sticker or other designation shall be placed on the employee photo identification card to indicate that the employee is retired.
Acts 2012, ch. 938, § 1.
2023 Tennessee Code › Title 8 - PUBLIC OFFICERS AND EMPLOYEES (§§ 8-1-101 — 65-168) › Chapter 50 - MISCELLANEOUS PROVISIONS (§§ 8-50-NEW — 8-50-1301) › Part 1 - GENERAL PROVISIONS (§§ 8-50-NEW — 8-50-120) › Section 8-50-120 - Acceptance of identification documents to determine person's citizenship, immigration status, or residency

(a)
An official or employee of this state or any political subdivision of this state shall not accept an identification document issued or created by any person, organization, county, city, or other local authority to determine a person's citizenship, immigration status, or residency, except where expressly authorized to be used for identification purposes by the general assembly or by federal law.
(b)
A local government or law enforcement agency shall not authorize, by policy, resolution, or ordinance, the use of any document described in subsection (a) as a form of identification to be used to determine the citizenship, immigration status, or residency of any person. Any local government or law enforcement policy, resolution, or ordinance that conflicts with this section is unenforceable and must be repealed or rescinded by the appropriate authority.
Acts 2018, ch. 1053, § 1.
2023 Tennessee Code › Title 8 - PUBLIC OFFICERS AND EMPLOYEES (§§ 8-1-101 — 65-168) › Chapter 50 - MISCELLANEOUS PROVISIONS (§§ 8-50-NEW — 8-50-1301) › Part 4 - INTERCHANGE OF PERSONNEL (§§ 8-50-401 — 8-50-407) › Section 8-50-401 - Interchange of personnel among state governmental agencies

The state of Tennessee recognizes that intergovernmental cooperation is an essential factor in resolving problems affecting this state, and that the interchange of personnel between and among governmental agencies at the same or different levels of government is a significant factor in achieving such cooperation.
Acts 1967, ch. 324, § 1; T.C.A., §§ 8-4118, 8-4117.
2023 Tennessee Code › Title 8 - PUBLIC OFFICERS AND EMPLOYEES (§§ 8-1-101 — 65-168) › Chapter 50 - MISCELLANEOUS PROVISIONS (§§ 8-50-NEW — 8-50-1301) › Part 4 - INTERCHANGE OF PERSONNEL (§§ 8-50-401 — 8-50-407) › Section 8-50-402 - Part definitions

As used in this part, unless the context otherwise requires:
(1)
"Receiving agency" means any department or agency of the federal government or a state government which receives an employee of another government under this part; and
(2)
"Sending agency" means any department or agency of the federal government or a state government which sends any employee thereof to another government agency under this part.
Acts 1967, ch. 324, § 2; T.C.A., § 8-4119; modified; T.C.A., § 8-4118.