reglab/statecodes huggingface dataset:
2023 Tennessee Code › Title 5 - COUNTIES (§§ 5-1-101 — 5-23-112) › Chapter 19 - GARBAGE AND RUBBISH COLLECTION AND DISPOSAL SERVICES (§§ 5-19-101 — 5-19-116) › Section 5-19-112 - Plan of services

(a)
No county shall adopt the resolution provided for in §
5-19-103
until there shall have been presented to the regional planning commission serving such county a plan of services for a specified area or areas for study and a written report to be rendered within ninety (90) days after such submission unless, by resolution of the county legislative body or other governing body, a longer period is allowed.
(b)
Such plan of services shall set forth, at a minimum, the identification and proposed timing of the services to be rendered.
(c)
No county shall construct or acquire facilities under this chapter unless plans, including necessary engineering and financing plans, shall have been similarly presented to the planning commission for study and report.
(d)
In the event there is no such regional planning commission, then the referral shall be to the local planning commission of the largest municipality within the county having such a commission, and, if no municipality within the county has such a planning commission, to the state planning office [abolished].
Acts 1969, ch. 201, § 11; impl. am. Acts 1972, ch. 542, §15; impl. am. Acts 1978, ch. 934, §§ 7, 36; T.C.A., § 5-1912.
2023 Tennessee Code › Title 5 - COUNTIES (§§ 5-1-101 — 5-23-112) › Chapter 19 - GARBAGE AND RUBBISH COLLECTION AND DISPOSAL SERVICES (§§ 5-19-101 — 5-19-116) › Section 5-19-113 - Inspection of facilities

(a)
The county sanitarian of each county shall, not less frequently than quarterly, inspect any and all refuse processing or refuse disposing facilities, or both, public or private, within the county for any practices or procedures followed in the county that do, or may, adversely affect the public health, the public safety, or the quality of the environment, and shall report the findings of the results of such inspections both to the board or governing body having jurisdiction over the area involved and to the superintendent.
(b)
The superintendent, within budgetary, policy and feasibility limits as such are defined by the board or governing body, will make every effort to correct any shortcomings in county-owned operations reported upon by the county sanitarian.
(c)
Such board or governing body may, in its discretion, institute corrective action on its own with reference to its own operations or initiate appropriate action designed to abate such practice or practices under terms of existing laws dealing with the abatement of nuisances or the elimination of hazards to the public health with reference to the refuse disposal operations of others within its jurisdiction.
Acts 1969, ch. 201, § 12; T.C.A., § 5-1913.
2023 Tennessee Code › Title 5 - COUNTIES (§§ 5-1-101 — 5-23-112) › Chapter 19 - GARBAGE AND RUBBISH COLLECTION AND DISPOSAL SERVICES (§§ 5-19-101 — 5-19-116) › Section 5-19-114 - Investigations of facilities

(a)
Either on the commissioner's own initiative or at the request of the governing body of any political subdivision of the state, the commissioner of environment and conservation may investigate refuse disposal operations within any county, city or town in the state, may make written or other recommendations for the improvement thereof, and may offer such technical advice and assistance to the responsible local officials for the betterment of refuse disposal practices within their jurisdictions as limitations of staff and budget will allow.
(b)
The commissioner may also draw up, publish, distribute information and recommend standards in refuse disposal for the consideration of responsible local officials.
(c)
The commissioner may delegate the responsibilities described in subsections (a) and (b) to appropriate personnel of the department of environment and conservation or to the director of a city, county or district health department to the extent deemed necessary.
Acts 1969, ch. 201, § 13; T.C.A., § 5-1914; Acts 1992, ch. 693, § 1.
2023 Tennessee Code › Title 5 - COUNTIES (§§ 5-1-101 — 5-23-112) › Chapter 19 - GARBAGE AND RUBBISH COLLECTION AND DISPOSAL SERVICES (§§ 5-19-101 — 5-19-116) › Section 5-19-115 - Governmental entities' rights preserved

Any of the provisions of this chapter notwithstanding, any municipality, utility or other special district shall retain existing rights to provide such garbage and rubbish collection services or disposal services, or both, to residents and taxpayers within its jurisdiction, including any territory annexed to such jurisdiction, and the existing rights of such instrumentalities to acquire disposal sites outside the limits of their jurisdictions shall not be impaired in any wise whatsoever.
Acts 1969, ch. 201, § 14; T.C.A., § 5-1915.
2023 Tennessee Code › Title 5 - COUNTIES (§§ 5-1-101 — 5-23-112) › Chapter 19 - GARBAGE AND RUBBISH COLLECTION AND DISPOSAL SERVICES (§§ 5-19-101 — 5-19-116) › Section 5-19-116 - Householders' rights preserved

This chapter shall not prohibit an individual householder from disposing of solid waste from such householder's own household upon such householder's own land; provided, that such disposal does not create a public nuisance or a hazard to the public health.
Acts 1969, ch. 201, § 15; T.C.A., § 5-1916.
2023 Tennessee Code › Title 5 - COUNTIES (§§ 5-1-101 — 5-23-112) › Chapter 20 - ADOPTION OF PREPARED BUILDING, PLUMBING AND GAS CODES BY REFERENCE (§§ 5-20-101 — 5-20-106) › Section 5-20-101 - Chapter definitions

As used in this chapter, unless the context otherwise requires:
(1)
"Code" means any published compilation of rules and regulations that has been prepared by technical trade associations or model code organizations regulating building construction, plumbing and gas installation, fire prevention, any portion of such rules, or any amendment of such rules; and
(2)
"Governing body" means the county legislative body, board of commissioners, county council, or other body in which the general legislative powers of a county are vested.
Amended by 2013 Tenn. Acts, ch. 145,s 1, eff. 4/12/2013.
Acts 1975, ch. 328, § 1; impl. am. Acts 1978, ch. 934, §§ 7, 36; T.C.A., § 5-2001.
2023 Tennessee Code › Title 5 - COUNTIES (§§ 5-1-101 — 5-23-112) › Chapter 20 - ADOPTION OF PREPARED BUILDING, PLUMBING AND GAS CODES BY REFERENCE (§§ 5-20-101 — 5-20-106) › Section 5-20-102 - Adoption by reference authorized

(a)
The governing body of any county may adopt or repeal a resolution that incorporates by reference the provisions of any code properly identified as to date and source, without setting forth the provisions of such code in full, except that this enabling authority shall not apply to any subject area that the state, now or hereafter, elects to regulate through its own adopted code.
(b)
(1)
At least one (1) copy of the code that is incorporated by reference shall be filed in the office of the county clerk and kept there for public use, inspection, and examination.
(2)
This filing requirement shall not be deemed complied with unless the required copy of the code is filed with the clerk for a period of ninety (90) days before the adoption of the resolution that incorporated the code by reference.
(3)
Federal rules and regulations, including any changes in the regulations when properly identified as to the date and source, may be incorporated by reference without setting forth the provisions of the regulations in full.
(c)
No resolution incorporating a code by reference shall be effective until published in a newspaper having a general circulation in the county.
Acts 1975, ch. 328, § 2; impl. am. Acts 1978, ch. 934, §§ 22, 36; T.C.A., § 5-2002; Acts 1993, ch. 163, §1; 2011 , ch. 102, § 1.
2023 Tennessee Code › Title 5 - COUNTIES (§§ 5-1-101 — 5-23-112) › Chapter 20 - ADOPTION OF PREPARED BUILDING, PLUMBING AND GAS CODES BY REFERENCE (§§ 5-20-101 — 5-20-106) › Section 5-20-103 - Administration of code

(a)
The adopting resolution may also incorporate by reference the administrative provisions of any code, or may include in the adopting resolution any suggested administrative provisions found in a code.
(b)
If a code does not contain administrative provisions, the administrative provisions of another code may be adopted and included in such resolution.
(c)
The powers and duties of enforcing the provisions of any code may be conferred upon such officials within the existing framework of the county government as the governing body may determine, such as, but not limited to, officials administering zoning and planning regulations of the county.
Acts 1975, ch. 328, § 3; T.C.A., § 5-2003.
2023 Tennessee Code › Title 5 - COUNTIES (§§ 5-1-101 — 5-23-112) › Chapter 20 - ADOPTION OF PREPARED BUILDING, PLUMBING AND GAS CODES BY REFERENCE (§§ 5-20-101 — 5-20-106) › Section 5-20-104 - Enforcement of code

The county attorney or any official vested with the powers of enforcing any code may, in addition to any other remedies provided by law, institute an injunction to prevent the violation of such code.
Acts 1975, ch. 328, § 4; T.C.A., § 5-2004.
2023 Tennessee Code › Title 5 - COUNTIES (§§ 5-1-101 — 5-23-112) › Chapter 20 - ADOPTION OF PREPARED BUILDING, PLUMBING AND GAS CODES BY REFERENCE (§§ 5-20-101 — 5-20-106) › Section 5-20-105 - Code violations - Penalties

(a)
The authority of this chapter shall not extend to the incorporation by reference of any penalty clause contained in a code.
(b)
(1)
Any person, firm or corporation or agent who violates any code or fails to comply therewith or with any of the provisions thereof, or violates a detailed statement or plans submitted and approved thereunder, commits a Class C misdemeanor.
(2)
Each such person, firm or corporation or agent commits a separate offense for each and every day or portion thereof during which any violation of any of the provisions of a code is committed or continued.
Acts 1975, ch. 328, § 5; T.C.A., § 5-2005; Acts 1989, ch. 591, § 113.
2023 Tennessee Code › Title 5 - COUNTIES (§§ 5-1-101 — 5-23-112) › Chapter 20 - ADOPTION OF PREPARED BUILDING, PLUMBING AND GAS CODES BY REFERENCE (§§ 5-20-101 — 5-20-106) › Section 5-20-106 - Applicability

This chapter shall apply only to the unincorporated area of a county adopting such a code resolution and to those incorporated cities and towns within the county that do not elect, now or hereafter, to adopt their own codes regulating the same subject areas.
Acts 1975, ch. 328, § 6; T.C.A., § 5-2006.
2023 Tennessee Code › Title 5 - COUNTIES (§§ 5-1-101 — 5-23-112) › Chapter 21 - COUNTY FINANCIAL MANAGEMENT SYSTEM OF 1981 (§§ 5-21-101 — 5-21-130) › Section 5-21-101 - Short title

This chapter shall be known and may be cited as the "County Financial Management System of 1981."
Acts 1981, ch. 325, § 1.
2023 Tennessee Code › Title 5 - COUNTIES (§§ 5-1-101 — 5-23-112) › Chapter 21 - COUNTY FINANCIAL MANAGEMENT SYSTEM OF 1981 (§§ 5-21-101 — 5-21-130) › Section 5-21-102 - Chapter definitions

As used in this chapter, unless the context otherwise requires:
(1)
"Committee" means the county financial management committee;
(2)
"Department" means the finance department; and
(3)
"Director" means the director of the finance department.
Acts 1981, ch. 325, § 2.
2023 Tennessee Code › Title 5 - COUNTIES (§§ 5-1-101 — 5-23-112) › Chapter 21 - COUNTY FINANCIAL MANAGEMENT SYSTEM OF 1981 (§§ 5-21-101 — 5-21-130) › Section 5-21-104 - Financial management committee - General provisions

(a)
A county financial management committee is hereby created.
(b)
(1)
The committee shall consist of the county mayor, supervisor of highways, director of schools, and four (4) members elected by the county legislative body at its regular September session of each year or at any subsequent session.
(2)
The four (4) members elected by the county legislative body need not be members of such body.
(c)
Such committee shall elect its own chair and shall meet from time to time as it may deem necessary for the discharge of its duties as provided in this section.
(d)
The director shall be the ex officio secretary of such committee.
(e)
(1)
The committee shall establish and approve policies, procedures and regulations in addition to the specific provisions of this chapter, for implementing a sound and efficient financial system for administering the funds of the county.
(2)
Such system shall include budgeting, accounting, purchasing, payroll, cash management and such other financial matters necessary to an efficient system.
Acts 1981, ch. 325, §4; 2003 , ch. 90, § 2.
2023 Tennessee Code › Title 5 - COUNTIES (§§ 5-1-101 — 5-23-112) › Chapter 21 - COUNTY FINANCIAL MANAGEMENT SYSTEM OF 1981 (§§ 5-21-101 — 5-21-130) › Section 5-21-105 - Special committees - General provisions

(a)
The county legislative body may authorize the committee to assume the functions of any or all of the following special committees or the county legislative body may by resolution create:
(1)
A budget committee;
(2)
An investment committee; or
(3)
A purchasing committee.
(b)
(1)
Except as provided in subdivision (b)(2), upon creation, the special committees shall be composed of a minimum of five (5) members appointed by the county legislative body. The members of such committee need not be members of the county legislative body.
(2)
(A)
Notwithstanding subdivision (b)(1), in counties having the following populations, according to the 1990 federal census or any subsequent federal census, special committees shall be composed of five (5) members:
not less than
nor more than
13,375
13,600
46,000
46,500
67,600
67,900
77,800
78,000
(B)
Notwithstanding subdivision (b)(1), in counties having a population of not less than seventeen thousand two hundred fifty (17,250) nor more than seventeen thousand five hundred fifty (17,550), according to the 1990 federal census or any subsequent federal census, the budget committee shall be composed of six (6) members.
(c)
The director shall be the ex officio secretary of each such committee.
(d)
The budget committee shall establish and approve policies, forms and documents, procedures, and regulations necessary for the preparation of the annual operating and capital improvement budgets.
(e)
The investment committee shall establish and approve policies and procedures for cash management and investing idle cash funds in various investments as prescribed by law.
(f)
The purchasing committee shall establish and approve policies and procedures for the purchasing of all supplies, equipment or goods for the county.
Acts 1981, ch. 325, § 5; 1992, ch. 789, §§ 1-3; 1996, ch. 645, § 1.
2023 Tennessee Code › Title 5 - COUNTIES (§§ 5-1-101 — 5-23-112) › Chapter 21 - COUNTY FINANCIAL MANAGEMENT SYSTEM OF 1981 (§§ 5-21-101 — 5-21-130) › Section 5-21-106 - Director - Appointment and compensation

(a)
(1)
The committee shall appoint the director.
(2)
The committee may dismiss the director, subject to the approval of the county legislative body.
(3)
The director shall for all purposes be an employee of the county.
(b)
(1)
The director shall have a minimum of a bachelor of science degree from an accredited college or university. Such person shall have had at least eighteen (18) quarter hours or equivalent semester hours in accounting.
(2)
The committee may select a person not having a bachelor of science degree or having a sufficient number of hours in accounting; provided, that such person has at least two (2) years of acceptable experience in a related position or an equivalent number of other related courses.
(c)
The compensation of the director shall be established by the committee, subject to the approval of the county legislative body.
Acts 1981, ch. 325, § 6; 1986, ch. 732, § 1.
2023 Tennessee Code › Title 5 - COUNTIES (§§ 5-1-101 — 5-23-112) › Chapter 21 - COUNTY FINANCIAL MANAGEMENT SYSTEM OF 1981 (§§ 5-21-101 — 5-21-130) › Section 5-21-107 - Director - Duties

(a)
The director shall oversee the operation of the department in the functions established by this chapter, and shall be responsible for the implementation of the policies of the committee or such special committees established by the county legislative body.
(b)
The director shall, among the director's duties, install and maintain a purchasing, payroll, budgeting, accounting and cash financial management system for the county.
(c)
The director shall assist other county officials and employees in achieving an efficient financial management system for the county.
(d)
The director has the authority to hire personnel for the finance department; provided, that the positions are funded in the annual budget and the personnel so hired meet the written job requirements as recommended by the director and approved by the committee.
Acts 1981, ch. 325, § 7.
2023 Tennessee Code › Title 5 - COUNTIES (§§ 5-1-101 — 5-23-112) › Chapter 21 - COUNTY FINANCIAL MANAGEMENT SYSTEM OF 1981 (§§ 5-21-101 — 5-21-130) › Section 5-21-108 - Director - Deputy

(a)
A person employed by the finance department shall be recommended by the director and approved by the committee to serve as deputy director of finance.
(b)
(1)
The person employed for this position shall perform such duties and responsibilities as assigned by the director.
(2)
In the absence of the director, the deputy director shall perform the duties of the director necessary to the continued operation of the department, including, but not limited to, the cosigning of warrants, payroll checks and purchase orders.
Acts 1981, ch. 325, § 8.
2023 Tennessee Code › Title 5 - COUNTIES (§§ 5-1-101 — 5-23-112) › Chapter 21 - COUNTY FINANCIAL MANAGEMENT SYSTEM OF 1981 (§§ 5-21-101 — 5-21-130) › Section 5-21-109 - Director - Bond

(a)
The director shall execute a blanket bond in an amount of not less than one hundred thousand dollars ($100,000) for the faithful performance of the director's duties as director and of the department employees in accordance with the general law for such bonds.
(b)
The cost of such bond shall be paid from funds appropriated to the department for such purpose.
(c)
The amount of such bond may be increased subject to the approval of the committee, and additional appropriations by the county legislative body.
(d)
The bond must be prepared, executed, filed, and recorded in accordance with title 8, chapter 19.
Amended by 2023 Tenn. Acts, ch. 207,s 4, eff. 7/1/2023.
Amended by 2013 Tenn. Acts, ch. 315, Secs.s 15, s 16eff. 4/29/2013.
Acts 1981, ch. 325, § 9; 1998, ch. 677, § 5.
2023 Tennessee Code › Title 5 - COUNTIES (§§ 5-1-101 — 5-23-112) › Chapter 21 - COUNTY FINANCIAL MANAGEMENT SYSTEM OF 1981 (§§ 5-21-101 — 5-21-130) › Section 5-21-112 - Appropriations - Later modifications - Impounding

(a)
The appropriations made in the appropriation resolution, or any amendment thereto, shall constitute the limit to expenditures for the various purposes and from the several funds of such county for the fiscal year covered by the resolution, and no expenditure shall be made or obligation created in excess of such limitation.
(b)
Any resolution presented to the county legislative body in any fiscal year, after the original appropriation resolution has been adopted and the tax rate for the year fixed by the county legislative body, that provides for an appropriation in addition to those made in the original budget appropriation, shall specifically provide by tax levy sufficient revenues, or designate the source of funds to meet expenditures to be made in consequence of such additional appropriation.
(c)
(1)
If at any time during the fiscal year it shall become apparent that the revenues of any of the county's funds, together with its unencumbered cash balance at the beginning of such year, will not be sufficient to equal the amount of the original appropriations, it shall be the duty of the director to impound the appropriations from such fund in such amount as shall be necessary to balance such account. Nevertheless, the impoundment power provided by this section shall not apply to the funds appropriated to the offices of trustee, county clerk, assessor of property, clerks of courts, register of deeds or sheriff.
(2)
Upon the written approval of the committee, such impounded funds shall be released.
Acts 1981, ch. 325, § 12; 1993, ch. 515, § 5.
2023 Tennessee Code › Title 5 - COUNTIES (§§ 5-1-101 — 5-23-112) › Chapter 21 - COUNTY FINANCIAL MANAGEMENT SYSTEM OF 1981 (§§ 5-21-101 — 5-21-130) › Section 5-21-113 - Expenditures - Minor adjustments

(a)
The appropriations made by the county legislative body shall constitute authorization for the expenditures contained therein unless otherwise limited by the county legislative body.
(b)
Expenditures may be made and obligations created against any appropriation to an aggregate total of the amount appropriated.
(c)
The expenditures and encumbrances against the amounts appropriated shall be made only upon an order or authorization issued by the department.
(d)
No expenditures made or obligations created in any manner shall be valid or binding against the county except as provided by this chapter.
(e)
(1)
The budget committee, with the consent of any official, head of any department or division that may be affected, may make transfers and adjustments within the smallest budgetary itemization of any subdivision.
(2)
Any other transfers or adjustments shall be submitted to the budget committee for its recommendation to the county legislative body.
Acts 1981, ch. 325, § 13.
2023 Tennessee Code › Title 5 - COUNTIES (§§ 5-1-101 — 5-23-112) › Chapter 21 - COUNTY FINANCIAL MANAGEMENT SYSTEM OF 1981 (§§ 5-21-101 — 5-21-130) › Section 5-21-114 - Monthly reports

(a)
(1)
The director shall make a report at the end of each month showing the condition of the budget.
(2)
Such report shall show for each item of appropriation, or allotment thereof, the total expenditures for the month and the year to date, the amount of outstanding encumbrances and the amount of the unencumbered balance.
(3)
Such report shall also show for each fund an itemized statement of the revenues and receipts estimated for the year, the amount of the collections of each item for the month and the year to date and the unrealized portion of the estimate.
(b)
Each department head, elected official and board member shall be furnished copies of monthly reports for their respective departments as soon as the same are available.
(c)
(1)
The most recent of such reports shall be presented by the director at each regular session of the county legislative body.
(2)
At such time, the director shall advise the county legislative body of the condition of the budget, and of any adjustment or reduction of appropriations that should be made, and shall recommend any other action that, in the director's opinion, the county legislative body should take in order that the financial condition of the county is not impaired.
Acts 1981, ch. 325, § 14.
2023 Tennessee Code › Title 5 - COUNTIES (§§ 5-1-101 — 5-23-112) › Chapter 21 - COUNTY FINANCIAL MANAGEMENT SYSTEM OF 1981 (§§ 5-21-101 — 5-21-130) › Section 5-21-115 - Accounting system - Preaudit of invoices, etc

(a)
There shall be set up and maintained in the department a system of fiscal procedure, control and centralized accounting, which shall be under the administrative control and direction of the director. The procedures and records shall be maintained in accordance with §
5-21-103(d)
.
(b)
(1)
Before any obligation against the county shall be paid or any disbursement warrant or voucher issued, a detailed invoice, receivable copy of the purchase order, or such document indicating receipt of merchandise or service should be approved by the head of an office, department or agency for which the obligation was made and be filed with the director.
(2)
The director shall establish a system for making a careful preaudit of such invoice, purchase order, or other documents, including a comparison with any encumbrance document previously posted or filed authorizing such obligation, and shall approve for payment only such items as appear to be correct, properly authorized, and not exceeding the otherwise unencumbered balance of the allotments or appropriations against which they are chargeable.
(3)
Disbursement warrants shall be promptly prepared for all such approved obligations by the director, signed in accordance with §
5-21-116
and mailed or delivered to the payees thereof.
Amended by 2018 Tenn. Acts, ch. 495,s 2, eff. 2/22/2018.
Acts 1981, ch. 325, § 15.
2023 Tennessee Code › Title 5 - COUNTIES (§§ 5-1-101 — 5-23-112) › Chapter 21 - COUNTY FINANCIAL MANAGEMENT SYSTEM OF 1981 (§§ 5-21-101 — 5-21-130) › Section 5-21-116 - Disbursement warrants

(a)
All disbursement warrants drawn on the county trustee for the obligations of all county departments, agencies, and officials, including the county mayor, the county highway department, and the county department of education, shall be signed as provided in this section.
(b)
(1)
The disbursement warrants shall be prepared in the finance department, and provided to each department for signing.
(2)
Upon preparation of such warrant by the finance department, the department head signing the disbursement warrant shall keep one (1) copy for filing in such department.
(3)
The original and all other copies of such warrant shall be returned to the director for such director's signature as a cosigner and for filing and mailing from the finance department.
(4)
A duplicate copy of all disbursement warrants, with all original invoices and other supporting documents attached thereto, shall be kept on file in the office of the director.
(c)
(1)
In lieu of each department agency or official signing disbursement warrants, the departments may authorize the director to use a signature plate in accordance with the general law and approval by the comptroller of the treasury.
(2)
If such signature plate is used, it shall be locked in a safe place when not in use and supervised by the person responsible for its safekeeping when in use.
(3)
A record shall be maintained indicating when the signature plate is used, numbers of the warrants signed, and the person using such plate.
Acts 1981, ch. 325, §16; 2003 , ch. 90, § 2.
2023 Tennessee Code › Title 5 - COUNTIES (§§ 5-1-101 — 5-23-112) › Chapter 21 - COUNTY FINANCIAL MANAGEMENT SYSTEM OF 1981 (§§ 5-21-101 — 5-21-130) › Section 5-21-117 - Payroll account

(a)
The committee shall maintain a special county payroll account at a bank, in which disbursement warrants for the total of each payroll shall be deposited and against which individual net earning checks may be issued to each of the county employees.
(b)
The committee may authorize the issuance of such payroll checks on the signature of the director and, in such event, the depository bank shall be so instructed.
Acts 1981, ch. 325, § 17.
2023 Tennessee Code › Title 5 - COUNTIES (§§ 5-1-101 — 5-23-112) › Chapter 21 - COUNTY FINANCIAL MANAGEMENT SYSTEM OF 1981 (§§ 5-21-101 — 5-21-130) › Section 5-21-118 - Director as purchasing agent - Optional purchasing department

(a)
The director or a deputy appointed by the director shall serve as the county purchasing agent and shall assist the committee in developing policies and procedures for implementing an economical and efficient purchasing system.
(b)
The following shall be the responsibility of the director:
(1)
The contract, purchase, or any obligation of the county for supplies, material, equipment, contractual services, rental of machinery, buildings, or equipment, transfer of materials, supplies, and equipment between county offices or agencies;
(2)
Supervision of storeroom or warehouse;
(3)
Contracts for building construction and the purchase of land;
(4)
Public sale of all surplus materials, equipment, buildings and land; and
(5)
Any other created obligation of the county.
(c)
(1)
Upon the recommendation of the committee and approval of the county legislative body or as authorized by the county legislative body, a separate purchasing department may be established with a person hired as purchasing agent for the county.
(2)
In the event a separate purchasing department is established and a purchasing agent is hired, all duties and responsibilities relative to purchasing shall be removed from the director.
Acts 1981, ch. 325, § 18.
2023 Tennessee Code › Title 5 - COUNTIES (§§ 5-1-101 — 5-23-112) › Chapter 21 - COUNTY FINANCIAL MANAGEMENT SYSTEM OF 1981 (§§ 5-21-101 — 5-21-130) › Section 5-21-119 - Purchasing system

(a)
The committee, with the assistance of the purchasing agent, shall establish a purchasing system for the county.
(b)
Such system shall provide, among other procedures, the following:
(1)
Review of all contracts or purchases for biddable supplies, materials, equipment, and other needs of the county, shall be made by the purchasing agent;
(2)
No purchase or contract shall be made when the bid prices exceed the current market price for the same merchandise or service;
(3)
Purchases and contracts shall be awarded based on the lowest and best bid;
(4)
Specifications development shall be made by the department, agency or official to receive the merchandise, construction or service;
(5)
The purchasing agent shall:
(A)
Review specifications and changes to allow for maximum competition of prospective bidders;
(B)
Prepare formal and informal bids;
(C)
Collect sealed bids;
(D)
Open bids through a procedure open to the public;
(E)
Evaluate, compare and submit bids for approval by the committee, if so deemed by the committee;
(F)
Issue purchase orders and contracts; and
(G)
Verify receiving the merchandise or service;
(6)
The director shall:
(A)
Accept requisitions by the department, agency or official, and, if such supplies are not currently on hand, transmit such requisition to the purchasing agent;
(B)
Verify budget appropriations before authorizing a purchase;
(C)
Approve invoices for payment; and
(D)
Pay invoices and obligations of the county as provided herein; and
(7)
Emergency purchases, total cost bidding, blanket purchases for small orders, grouping of purchases of the various departments, and other methods for receiving the most competitive price and best bid. Emergency purchases shall be limited to needs arising that are not normally foreseeable. Emergency purchases shall not be permissible if a department or agency fails to properly plan for the need, proper purchasing procedures, and delivery time.
Acts 1981, ch. 325, § 19.
2023 Tennessee Code › Title 5 - COUNTIES (§§ 5-1-101 — 5-23-112) › Chapter 21 - COUNTY FINANCIAL MANAGEMENT SYSTEM OF 1981 (§§ 5-21-101 — 5-21-130) › Section 5-21-120 - Bidding

(a)
The committee shall authorize the dollar limitation when formal competitive bids are required but not to exceed the amount as authorized by state law for the highway and education departments or other such amounts as established by law.
(b)
Subject to the policies and regulations of the committee, "biddable items" means any need of the county where more than one (1) bidder or contractor in the county's trade area can provide the material or service. Specifications shall not be written to exclude vendors and contractors or limit the bidding to a specific vendor or contractor.
(c)
The county shall be liable for the payment of all purchases of supplies, materials, equipment and contractual service made in accordance with this chapter, but shall not be liable for the payment of such purchases made contrary to its provisions unless such item is specifically approved by the committee.
Acts 1981, ch. 325, § 20.
2023 Tennessee Code › Title 5 - COUNTIES (§§ 5-1-101 — 5-23-112) › Chapter 21 - COUNTY FINANCIAL MANAGEMENT SYSTEM OF 1981 (§§ 5-21-101 — 5-21-130) › Section 5-21-121 - Conflicts of interest

(a)
(1)
The director, purchasing agent, members of the committee, members of the county legislative body, other officials of the county, members of the board of education, members of the highway commission, and employees of the finance department and purchasing department shall not have a direct interest in the purchase of supplies, materials, equipment, or contractual services for the county. As used in this subdivision (a)(1):
(A)
"Controlling interest" means sufficient ownership in a business or company to control policy and management, including the ownership or control of the largest number of outstanding shares owned by any single individual in a business or company; and
(B)
"Direct interest" means a contract with a person personally or with a business in which the person is the proprietor, a partner, or the person having the controlling interest in the business.
(2)
Such persons shall not have an indirect interest in the purchase of supplies, materials, equipment, or contractual services for the county unless the person publicly acknowledges the interest. A person who is not a member of a governing body and who is required to publicly acknowledge an indirect interest must do so by reporting the interest to the office of the county mayor to be compiled into a list that must be maintained as a public record. As used in this subdivision (a)(2), "indirect interest" means a contract in which a person is interested, but not directly so, and includes contracts where the person is directly interested and is the sole supplier of goods or services in the county.
(b)
No firm, corporation, partnership, association or individual furnishing any such supplies, materials, equipment or contractual services, shall give or offer nor shall the director or purchasing agent or any assistant or employee accept or receive directly or indirectly from any person, firm, corporation, partnership or association to whom any contract may be awarded, by rebate, gift or otherwise, any money or other things of value whatsoever, or any promise, obligation or contract for future reward or compensation.
Amended by 2021 Tenn. Acts, ch. 472, s 1, eff. 5/18/2021.
Acts 1981, ch. 325, §21; 2012 , ch. 640, §§ 1, 2.
2023 Tennessee Code › Title 5 - COUNTIES (§§ 5-1-101 — 5-23-112) › Chapter 21 - COUNTY FINANCIAL MANAGEMENT SYSTEM OF 1981 (§§ 5-21-101 — 5-21-130) › Section 5-21-122 - Committee members - Compensation

The county legislative body shall set the compensation based on the service and time rendered in implementing this chapter for members of the various committees created in this chapter.
Acts 1981, ch. 325, § 22.
2023 Tennessee Code › Title 5 - COUNTIES (§§ 5-1-101 — 5-23-112) › Chapter 21 - COUNTY FINANCIAL MANAGEMENT SYSTEM OF 1981 (§§ 5-21-101 — 5-21-130) › Section 5-21-123 - County employees unaffected

(a)
Notwithstanding any provision of this chapter, each department, agency or official shall have the authority to hire personnel and set salaries and to determine the needs for its use, all subject to budget limitations and the availability of funds.
(b)
The authority of the committee, director or purchasing agent shall be limited to this chapter and such policies necessary to implement this chapter. They shall not have the authority to veto the hiring and dismissal of personnel of the various county departments, agencies, or officials or set salaries or determine the needs of such departments.
Acts 1981, ch. 325, § 23.
2023 Tennessee Code › Title 5 - COUNTIES (§§ 5-1-101 — 5-23-112) › Chapter 21 - COUNTY FINANCIAL MANAGEMENT SYSTEM OF 1981 (§§ 5-21-101 — 5-21-130) › Section 5-21-124 - Education department - Withdrawal from system

(a)
In the event the director or purchasing agent established under this chapter does not maintain records, follow accounting and budgetary procedures, and submit timely reports and information as prescribed by state law and the commissioner of education, the commissioner, after a hearing on the issue of such neglect, shall remove the education department of the county involved from the county financial management system established by this chapter by written notification to the presiding officer of the county legislative body.
(b)
Upon notice from the commissioner, the county legislative body shall transfer sufficient funds from the control of the department to provide financial services in the county education department under the supervision of the county director of schools, as provided by general law.
(c)
State funds may be withheld for failure to provide adequate funds to transfer the responsibilities to the education department.
Acts 1981, ch. 325, § 24.
2023 Tennessee Code › Title 5 - COUNTIES (§§ 5-1-101 — 5-23-112) › Chapter 21 - COUNTY FINANCIAL MANAGEMENT SYSTEM OF 1981 (§§ 5-21-101 — 5-21-130) › Section 5-21-125 - Violations - Penalties

Any official or employee of the county, or of any institution or agency thereof, who fails or refuses to perform the duties required by this chapter or who fails or refuses otherwise to conform to this chapter commits a Class C misdemeanor, and is subject to removal from office or position.
Acts 1981, ch. 325, § 29; 1989, ch. 591, § 113.
2023 Tennessee Code › Title 5 - COUNTIES (§§ 5-1-101 — 5-23-112) › Chapter 21 - COUNTY FINANCIAL MANAGEMENT SYSTEM OF 1981 (§§ 5-21-101 — 5-21-130) › Section 5-21-126 - Adoption of system

(a)
This chapter shall be local in effect and shall become effective in a particular county upon a two-thirds (2/3) majority vote of the county legislative body adopting this chapter, or upon a majority of the voters casting votes in any election held for the purpose of approving this chapter.
(b)
(1)
The procedure for elections held for the purpose of approving this chapter shall be that the county election commission shall call and conduct an election on the question pursuant to §
2-3-204
after receiving a petition signed by ten percent (10%) of the qualified voters of the county, stating that they favor this law and requesting that an election be held in the county on the subject, the number of qualified voters in the county being deemed to be the total number of votes cast for all candidates for governor in the last general election; or upon a resolution of the county legislative body, duly certified to the election commission, requesting such an election.
(2)
In such an election, the propositions to be voted upon shall be stated on the ballot on separate lines in the following manner: "For the county financial management system" and "Against the county financial management system."
(c)
This chapter shall not apply in any county having a population of not less than two hundred seventy-six thousand (276,000) nor more than two hundred seventy-seven thousand (277,000), according to the 1970 federal census or any subsequent federal census.
Acts 1981, ch. 325, §§ 26, 31; 1998, ch. 618, § 4.
2023 Tennessee Code › Title 5 - COUNTIES (§§ 5-1-101 — 5-23-112) › Chapter 21 - COUNTY FINANCIAL MANAGEMENT SYSTEM OF 1981 (§§ 5-21-101 — 5-21-130) › Section 5-21-127 - Implementation of system

(a)
Upon this chapter's becoming law in a county, the county legislative body shall appoint members of the committee at the next meeting of such body.
(b)
Within thirty (30) days after such appointment, the committee shall meet, elect a chair, and start the process for hiring a director.
(c)
The committee shall also develop plans for implementing the financial management system beginning July 1 of the next fiscal year, and completing the implementation process by August 1 of the second fiscal year.
(d)
In implementing the system, the committee and director shall seek recommendations from the comptroller of the treasury, the state department of education, the University of Tennessee's county technical assistance service, and other such organizations.
(e)
After an implementation plan has been developed and approved by the committee, a report shall be submitted to the county governing body by July 1 of the fiscal year in which the system is to be implemented.
(f)
The committee shall publish in a local newspaper of county-wide circulation a notice specifying that:
(1)
The county has adopted the "Local Option Financial Management System" and all employees, vendors and contractors must abide by its provisions beginning on a date specified in the notice; and
(2)
The act or policies to implement the act will be available on a date specified in the notice and copies may be obtained at that time.
Acts 1981, ch. 325, §25; 2012 , ch. 578, § 1.
2023 Tennessee Code › Title 5 - COUNTIES (§§ 5-1-101 — 5-23-112) › Chapter 21 - COUNTY FINANCIAL MANAGEMENT SYSTEM OF 1981 (§§ 5-21-101 — 5-21-130) › Section 5-21-128 - Suspension of private or local acts

Upon ratification by the county legislative body or the people in a referendum and the full implementation of the chapter's provisions on or before August 1 of the second fiscal year, the operation of all private or local acts relative to county finances, budgeting, and purchasing in conflict with this chapter are suspended until such time as this chapter is revoked as provided in §
5-21-129
.
Acts 1981, ch. 325, § 27.
2023 Tennessee Code › Title 5 - COUNTIES (§§ 5-1-101 — 5-23-112) › Chapter 21 - COUNTY FINANCIAL MANAGEMENT SYSTEM OF 1981 (§§ 5-21-101 — 5-21-130) › Section 5-21-129 - Revocation of adoption

(a)
This chapter once adopted may be revoked by the same method used to adopt the chapter.
(b)
Such revocation shall be effective with the fiscal year beginning at least sixty (60) days after passage of the resolution or referendum.
Acts 1981, ch. 325, § 28; 1986, ch. 732, § 2.
2023 Tennessee Code › Title 5 - COUNTIES (§§ 5-1-101 — 5-23-112) › Chapter 21 - COUNTY FINANCIAL MANAGEMENT SYSTEM OF 1981 (§§ 5-21-101 — 5-21-130) › Section 5-21-130 - Sale of surplus, obsolete or unusable county-owned property on Internet web site

In addition to any other methods for sales of county-owned property authorized by law, any county having adopted the County Financial Management System of 1981, compiled in this chapter, is authorized to conduct a sale of county-owned property that has become surplus, obsolete, or unusable on any Internet auction web site that is approved by the county's financial management committee.
Acts 2008 , ch. 890, § 1.
2023 Tennessee Code › Title 5 - COUNTIES (§§ 5-1-101 — 5-23-112) › Chapter 23 - WRITTEN PERSONNEL POLICIES (§§ 5-23-101 — 5-23-112) › Section 5-23-101 - Legislative intent

It is the legislative intent that all counties in this state have certain minimum written personnel policies in effect in order to assist in maintaining compliance with applicable state and federal laws and to facilitate accurate recordkeeping. This chapter is not intended to affect the present authority within counties to adopt policies in addition to those required by this chapter, nor is it intended to enlarge, diminish or otherwise affect the obligation to comply with current state and federal laws governing personnel matters. Nothing in this chapter shall be construed to impose any liability on any county government for failure to have written personnel policies in place, except as may be otherwise specifically provided by law.
Acts 1997, ch. 361, § 1.
2023 Tennessee Code › Title 5 - COUNTIES (§§ 5-1-101 — 5-23-112) › Chapter 23 - WRITTEN PERSONNEL POLICIES (§§ 5-23-101 — 5-23-112) › Section 5-23-102 - Chapter definitions

As used in this chapter, unless the context otherwise requires:
(1)
"Base personnel policies" means the policies that are required to be adopted under this chapter and that are enumerated in §
5-23-104
;
(2)
"County employees" means employees of the county as defined under the federal Fair Labor Standards Act (
29 U.S.C. § 201
et seq.), as amended;
(3)
"County judge" means any judge who employs one (1) or more county employees; and
(4)
"County officials" means the county trustee, register of deeds, county clerk, county judges, county clerks of courts, sheriff, assessor of property, county board of education, and the chief administrative officer of the highway or public works department.
Acts 1997, ch. 361, § 2.
2023 Tennessee Code › Title 5 - COUNTIES (§§ 5-1-101 — 5-23-112) › Chapter 23 - WRITTEN PERSONNEL POLICIES (§§ 5-23-101 — 5-23-112) › Section 5-23-104 - Required provisions

The base personnel policies required under this chapter are:
(1)
Whether employees are entitled to paid vacation or annual leave, sick leave, or other leave, policies for accrual and use of such leave, policies for compliance with state and federal family and medical leave laws, and provisions for maintaining leave records;
(2)
The compensatory time policy in effect for the office or department or a statement that no compensatory time is allowed, a statement of whether the salary received by salaried employees is intended to cover all hours worked up to and including forty (40) hours in a work week in offices or departments where the regular work week is less than forty (40) hours, policies for maintaining compliance with the overtime provisions of the federal wage and hour laws, and provisions for recordkeeping;
(3)
Policies on non-discrimination and sexual harassment, including a complaint procedure as required under the federal Americans with Disabilities Act (
42 U.S.C. §§ 12101
-
12213
), and guidelines to enable compliance with the fair hiring requirements of the federal equal employment opportunity laws and regulations. For employees of county judges, procedures administered by the administrative office of the courts for complaints under the Americans with Disabilities Act; and
(4)
For any employees who are required by law to be tested, policies and procedures for drug testing or alcohol testing, or both.
Acts 1997, ch. 361, § 4.
2023 Tennessee Code › Title 5 - COUNTIES (§§ 5-1-101 — 5-23-112) › Chapter 23 - WRITTEN PERSONNEL POLICIES (§§ 5-23-101 — 5-23-112) › Section 5-23-105 - Retainer of attorney

The county mayor shall retain an attorney, subject to confirmation of the county legislative body, to review the base personnel policies for compliance with this chapter and other applicable law. The county mayor may, but is not required to, retain the county attorney in such capacity. The compensation of the attorney shall be established by the county legislative body, and shall be paid from the county general fund.
Acts 1997 , ch. 361, §5; 2003 , ch. 90, § 2.
2023 Tennessee Code › Title 5 - COUNTIES (§§ 5-1-101 — 5-23-112) › Chapter 23 - WRITTEN PERSONNEL POLICIES (§§ 5-23-101 — 5-23-112) › Section 5-23-106 - Modification of policy

Once adopted and approved as provided in this chapter, personnel policies may be amended, modified, enlarged or repealed at any time by the same process used for original adoption. Any and all personnel policies governing county employees shall be subject to change at any time, and shall not give rise to any contractual rights or obligations between the county and its employees.
Acts 1997, ch. 361, § 6.
2023 Tennessee Code › Title 5 - COUNTIES (§§ 5-1-101 — 5-23-112) › Chapter 23 - WRITTEN PERSONNEL POLICIES (§§ 5-23-101 — 5-23-112) › Section 5-23-107 - Duties of county officials and department heads

Each county official and each department head within the county is responsible, with respect to the employees of that office or department, for:
(1)
Ensuring that each employee under such person's direction has received a copy of the personnel policies in effect for that office, including a statement that nothing in the policies is intended to create a contract of employment or to affect the employment-at-will status of county employees, and a statement for each employee to sign acknowledging receipt of a copy of the policies for that employee's office or department, and acknowledging that the employee understands that subsequent amendments will be on file at the office of the county clerk; provided, that a local board of education may, by resolution or memorandum of understanding pursuant to title 49, chapter 5, part 6, dispense with the requirements of this subdivision (1) and instead adopt other appropriate measures to ensure that each employee has knowledge of and access to a copy of personnel policies of the school system and any subsequent amendments applicable to them. Nothing in this chapter shall be construed to enlarge, modify or repeal the rights of employees of local boards of education as set forth in title 49.
(2)
Furnishing to each employee a copy of §
39-16-504
, relative to falsifying, destroying, or tampering with governmental records;
(3)
Maintaining all required personnel records, including, but not limited to, the form I-9 required under federal immigration laws and all wage and hour records required under state or federal law, unless such records are maintained in a central payroll office within the county; and
(4)
Ensuring that all posters and other employee notifications required by the Federal Fair Labor Standards Act (
29 U.S.C. § 201
et seq.), the Family and Medical Leave Act (
29 U.S.C. § 2601
et seq.), applicable equal employment opportunity laws, and other applicable state or federal laws have been posted or otherwise given to employees.
Acts 1997 , ch. 361, § 7; 1998, ch. 773, §1; 2011 , ch. 378, § 5.