reglab/statecodes huggingface dataset:
2023 Tennessee Code › Title 8 - PUBLIC OFFICERS AND EMPLOYEES (§§ 8-1-101 — 65-168) › Chapter 8 - SHERIFFS (§§ 8-8-101 — 8-8-606) › Part 2 - POWERS AND DUTIES (§§ 8-8-201 — 8-8-222) › Section 8-8-219 - Patrol cars - Color schemes - Markings - Unmarked cars

(a)
White patrol cars which have a green stripe running horizontally along the upper portion of each side may be used exclusively for county sheriffs' patrol cars, and this color scheme shall not be used by any other law enforcement official or agency. When adopted for use by a county sheriff's department, the stripe design as well as other emblems and lettering shall conform to the official uniform markings adopted by the Tennessee Sheriffs' Association and on file with the executive director of the Tennessee Sheriffs' Association. These uniform markings may be used exclusively for county sheriffs' patrol cars and shall not be used by any other law enforcement official or agency.
(b)
Nothing in this section shall prohibit a county sheriff's department from operating unmarked cars for undercover or other purposes.
Acts 1976, ch. 557, §§ 1-3; T.C.A., § 8-835.
2023 Tennessee Code › Title 8 - PUBLIC OFFICERS AND EMPLOYEES (§§ 8-1-101 — 65-168) › Chapter 8 - SHERIFFS (§§ 8-8-101 — 8-8-606) › Part 2 - POWERS AND DUTIES (§§ 8-8-201 — 8-8-222) › Section 8-8-220 - Civil actions - Sheriff may appoint persons to serve process

In any civil action when the service of process is attempted to be served and is subsequently returned unserved, the sheriff of any county may appoint a person, who is a citizen of this state and who is of legal age, to serve such service of process within the prescribed limitations on service of process. Such appointment shall be made in writing and shall be filed with the court in such civil action. A person appointed to serve process as provided above shall be paid the appropriate fees, make an appropriate bond, assume such liability as the law requires, and file an affidavit with the court in such civil action indicating service of process was served, as is provided for appointments made under §
8-8-108
.
Acts 1980, ch. 674, § 1.
2023 Tennessee Code › Title 8 - PUBLIC OFFICERS AND EMPLOYEES (§§ 8-1-101 — 65-168) › Chapter 8 - SHERIFFS (§§ 8-8-101 — 8-8-606) › Part 2 - POWERS AND DUTIES (§§ 8-8-201 — 8-8-222) › Section 8-8-221 - Sheriffs to regulate incarcerations in county jails and to register persons acting as law enforcement officers

(a)
The sheriff of each county shall establish regulations governing the acceptance of persons, other than state prisoners, for incarceration in the county jail. Except for state prisoners held in the county jail, no person shall be incarcerated in the county jail without the approval of the sheriff, or the sheriff's designee, subject to approval of the court having criminal jurisdiction over the sheriff's jurisdiction, as provided by regulation.
(b)
Except for duly commissioned state and municipal law enforcement officers, no person shall go armed for law enforcement purposes, carry or display a badge or other card or device purporting to identify that person as an officer of the law, wear any uniform or distinctive clothing purporting to identify that person as an officer of law, or mark any motor vehicle so as to identify it as a law enforcement vehicle, or its driver as a law enforcement officer, without registering each and any of these acts with the sheriff of the county in which such acts take place, and complying with reasonable regulations established by the sheriff to properly and consistently identify all persons in that county exercising law enforcement powers.
(c)
This section applies only to counties having a population of not less than nine thousand (9,000) nor more than nine thousand, one hundred (9,100), according to the 1970 federal census or any subsequent federal census, and to counties having a population of not less than seven hundred seventy thousand (770,000) nor more than seven hundred eighty thousand (780,000), according to the 1980 federal census or any subsequent federal census.
Acts 1980, ch. 917, §§ 2-5; 1988, ch. 791, § 1.
2023 Tennessee Code › Title 8 - PUBLIC OFFICERS AND EMPLOYEES (§§ 8-1-101 — 65-168) › Chapter 8 - SHERIFFS (§§ 8-8-101 — 8-8-606) › Part 2 - POWERS AND DUTIES (§§ 8-8-201 — 8-8-222) › Section 8-8-222 - Determination if person being served with order or protection has outstanding criminal warrant - Service of criminal warrant or notification of agency holding warrant

A sheriff, deputy sheriff, or constable serving an order of protection or ex parte order of protection shall, prior to or at the time of service, make reasonable efforts to determine whether the person being served has an outstanding criminal warrant. If the person being served has an outstanding criminal warrant, then the sheriff, deputy sheriff, or constable shall either serve the outstanding criminal warrant or notify the agency holding the criminal warrant of the person's location.
Added by 2022 Tenn. Acts, ch. 893,s 1, eff. 4/14/2022.
2023 Tennessee Code › Title 8 - PUBLIC OFFICERS AND EMPLOYEES (§§ 8-1-101 — 65-168) › Chapter 8 - SHERIFFS (§§ 8-8-101 — 8-8-606) › Part 3 - LIABILITY FOR WRONGS OF DEPUTIES (§§ 8-8-301 — 8-8-303) › Section 8-8-301 - Liability for wrongs of deputies - Limitation

(a)
No sheriff, whether elected or appointed, nor any surety on the sheriff's bonds, shall be liable for any wrongs, injuries, losses, damages or expenses incurred as a result of any act or failure to act on the part of any deputy appointed by the sheriff, whether the deputy is acting by virtue of office, under color of office or otherwise.
(b)
As used in this section and §
8-8-302
, "deputy" includes a jailer appointed by a sheriff pursuant to §
41-4-101
.
Amended by 2017 Tenn. Acts, ch. 261, s 1, eff. 5/2/2017.
Acts 1972, ch. 800, § 1; T.C.A., § 8-832.
2023 Tennessee Code › Title 8 - PUBLIC OFFICERS AND EMPLOYEES (§§ 8-1-101 — 65-168) › Chapter 8 - SHERIFFS (§§ 8-8-101 — 8-8-606) › Part 3 - LIABILITY FOR WRONGS OF DEPUTIES (§§ 8-8-301 — 8-8-303) › Section 8-8-302 - Suits against counties for wrongs of deputies - Timing

(a)
Anyone incurring any wrong, injury, loss, damage or expense resulting from any act or failure to act on the part of any deputy appointed by the sheriff may bring suit against the county in which the sheriff serves; provided, that the deputy is, at the time of such occurrence, acting by virtue of or under color of the office.
(b)
Notwithstanding §
28-1-105
, an action brought pursuant to subsection (a) must be filed within one (1) year after the cause of action accrued.
(c)
(1)
The county has sixty (60) days in which to answer or otherwise respond to any action brought pursuant to subsection (a).
(2)
If, at the end of the sixty-day period, the county has failed to answer or otherwise respond to the complaint, the county shall not be in default but rather is deemed to have denied the material, well pleaded factual allegations of the complaint.
Amended by 2023 Tenn. Acts, ch. 451, s 1, eff. 7/1/2023.
Acts 1972, ch. 800, § 2; T.C.A., § 8-833.
2023 Tennessee Code › Title 8 - PUBLIC OFFICERS AND EMPLOYEES (§§ 8-1-101 — 65-168) › Chapter 8 - SHERIFFS (§§ 8-8-101 — 8-8-606) › Part 3 - LIABILITY FOR WRONGS OF DEPUTIES (§§ 8-8-301 — 8-8-303) › Section 8-8-303 - Waiver of governmental immunity - Special deputies

(a)
The governmental immunity of the county in which the sheriff serves is waived for purposes of §
8-8-302
, but to an extent not in excess of the minimum amount required for a surety bond applicable to that county's sheriff pursuant to §
8-8-103
. This cap, based on the amount required for a bond, shall apply regardless of whether the sheriff is covered by a surety bond or an insurance policy pursuant to §
8-19-101
.
(b)
Anyone incurring any wrong, injury, loss, damage, or expense resulting from any act or failure to act on the part of any special deputy appointed by the sheriff, but not employed by the sheriff or the county, shall not bring suit therefor against the sheriff or the county, and the sheriff and county shall be immune from such suits, and the plaintiff shall be required to pursue the remedy therefor against such special deputy and/or the employer or employers of such special deputy, whether the special deputy is acting within the scope of employment or not. Such immunity from suit shall not apply in the case of special volunteer or reserve sheriff's deputies while performing official law enforcement duties under supervision or direction of the sheriff.
(c)
No person may serve as a special deputy unless such person proves to the appointing sheriff financial responsibility, as evidenced by a corporate surety bond in no less amount than fifty thousand dollars ($50,000) or by a liability insurance policy of the employer in no less amount than fifty thousand dollars ($50,000).
Amended by 2019 Tenn. Acts, ch. 260, s 2, eff. 4/30/2019.
Acts 1972, ch. 800, § 3; 1976, ch. 775, § 1; T.C.A., § 8-834.
2023 Tennessee Code › Title 8 - PUBLIC OFFICERS AND EMPLOYEES (§§ 8-1-101 — 65-168) › Chapter 8 - SHERIFFS (§§ 8-8-101 — 8-8-606) › Part 4 - COUNTY SHERIFF'S CIVIL SERVICE LAW OF 1974 (§§ 8-8-401 — 8-8-419) › Section 8-8-401 - Short title

This part shall be known as the "County Sheriff's Civil Service Law of 1974."
Acts 1974, ch. 751, § 1; T.C.A., § 8-840.
2023 Tennessee Code › Title 8 - PUBLIC OFFICERS AND EMPLOYEES (§§ 8-1-101 — 65-168) › Chapter 8 - SHERIFFS (§§ 8-8-101 — 8-8-606) › Part 4 - COUNTY SHERIFF'S CIVIL SERVICE LAW OF 1974 (§§ 8-8-401 — 8-8-419) › Section 8-8-402 - Local approval required

(a)
Except as provided in subsection (b), this part shall be local in effect and shall become effective in a particular county upon the contingency of a two-thirds (2/3) vote of the county legislative body approving this law.
(b)
On or after June 9, 2010, §
8-8-419(a)(2)
shall apply in any particular county which has adopted or which after June 9, 2010, makes this part applicable to such county, and shall also apply in any other county, notwithstanding any private act, resolution, personnel policy or charter provision to the contrary, which has adopted or which adopts a sheriff's civil service law.
Acts 1974, ch. 751, § 2; impl. am. Acts 1978, ch. 934, §§ 7, 36; T.C.A., § 8-841; Acts 2010 , ch. 1025, § 2.
2023 Tennessee Code › Title 8 - PUBLIC OFFICERS AND EMPLOYEES (§§ 8-1-101 — 65-168) › Chapter 8 - SHERIFFS (§§ 8-8-101 — 8-8-606) › Part 4 - COUNTY SHERIFF'S CIVIL SERVICE LAW OF 1974 (§§ 8-8-401 — 8-8-419) › Section 8-8-403 - "Classified service" defined

As used in this part, "classified service" includes all positions and employees in the sheriff's department, except for the sheriff, the sheriff's personal secretary, and the cook for the jail facility, and, in those counties deciding to do so, the chief deputy sheriff.
Acts 1974, ch. 751, § 3; T.C.A., § 8-842.
2023 Tennessee Code › Title 8 - PUBLIC OFFICERS AND EMPLOYEES (§§ 8-1-101 — 65-168) › Chapter 8 - SHERIFFS (§§ 8-8-101 — 8-8-606) › Part 4 - COUNTY SHERIFF'S CIVIL SERVICE LAW OF 1974 (§§ 8-8-401 — 8-8-419) › Section 8-8-404 - Creation of civil service board

There is created a civil service board composed of three (3) members selected by the county legislative body.
Acts 1974, ch. 751, § 4; impl. am. Acts 1978, ch. 934, §§ 7, 36; T.C.A., § 8-843.
2023 Tennessee Code › Title 8 - PUBLIC OFFICERS AND EMPLOYEES (§§ 8-1-101 — 65-168) › Chapter 8 - SHERIFFS (§§ 8-8-101 — 8-8-606) › Part 4 - COUNTY SHERIFF'S CIVIL SERVICE LAW OF 1974 (§§ 8-8-401 — 8-8-419) › Section 8-8-405 - Terms of members

The terms of the members of the board shall be three (3) years; provided, that the initial appointments shall be as follows:
(1)
One (1) member selected by the county legislative body for one (1) year;
(2)
One (1) member selected by the county legislative body for two (2) years; and
(3)
One (1) member selected by the county legislative body for three (3) years.
Acts 1974, ch. 751, § 5; impl. am. Acts 1978, ch. 934, §§ 7, 36; T.C.A., § 8-844.
2023 Tennessee Code › Title 8 - PUBLIC OFFICERS AND EMPLOYEES (§§ 8-1-101 — 65-168) › Chapter 8 - SHERIFFS (§§ 8-8-101 — 8-8-606) › Part 4 - COUNTY SHERIFF'S CIVIL SERVICE LAW OF 1974 (§§ 8-8-401 — 8-8-419) › Section 8-8-406 - Qualifications of members

All members of the board shall be over eighteen (18) years of age, of good moral character, citizens of the United States and the state of Tennessee, and must reside in the respective county, and they shall not hold any elected or appointed office within the county.
Acts 1974, ch. 751, § 6; T.C.A., § 8-845.
2023 Tennessee Code › Title 8 - PUBLIC OFFICERS AND EMPLOYEES (§§ 8-1-101 — 65-168) › Chapter 8 - SHERIFFS (§§ 8-8-101 — 8-8-606) › Part 4 - COUNTY SHERIFF'S CIVIL SERVICE LAW OF 1974 (§§ 8-8-401 — 8-8-419) › Section 8-8-407 - Compensation of board

The members of the board shall receive such salary, if any, as determined by the county legislative body in its sound discretion.
Acts 1974, ch. 751, § 7; impl. am. Acts 1978, ch. 934, §§ 7, 36; T.C.A., § 8-846.
2023 Tennessee Code › Title 8 - PUBLIC OFFICERS AND EMPLOYEES (§§ 8-1-101 — 65-168) › Chapter 8 - SHERIFFS (§§ 8-8-101 — 8-8-606) › Part 4 - COUNTY SHERIFF'S CIVIL SERVICE LAW OF 1974 (§§ 8-8-401 — 8-8-419) › Section 8-8-408 - Chair - Personnel officer as keeper of department records and secretary of board

The county mayor shall designate, from the three (3) members thus selected, a chair of the board. The sheriff shall appoint from among the sheriff's employees a personnel officer, who shall be the keeper of the sheriff's departmental records, and also shall serve as secretary of the civil service board.
Acts 1974, ch. 751, § 8; T.C.A., § 8-847; Acts 2003, ch. 90, § 2.
2023 Tennessee Code › Title 8 - PUBLIC OFFICERS AND EMPLOYEES (§§ 8-1-101 — 65-168) › Chapter 8 - SHERIFFS (§§ 8-8-101 — 8-8-606) › Part 4 - COUNTY SHERIFF'S CIVIL SERVICE LAW OF 1974 (§§ 8-8-401 — 8-8-419) › Section 8-8-409 - Powers and duties of board

The board as a body shall:
(1)
Adopt and amend rules and regulations for the administration of this part;
(2)
Make investigations concerning the enforcement and effect of this part and require observance of the rules and regulations made thereunder;
(3)
Hear and determine appeals and complaints respecting the administration of this part;
(4)
Establish and maintain a roster of all employees of the classified service and the office of the sheriff showing their position, rank, compensation and place of residence;
(5)
Ascertain and record the duties and responsibilities pertaining to all positions in the classified service and classify such positions in the manner hereinafter provided;
(6)
Except as otherwise provided in this part, formulate and hold competitive tests to determine the qualifications of persons who seek employment in any position, and as a result of such tests, establish employment lists of eligibles for the various positions;
(7)
Establish records of performance and a system of service ratings to be used to determine promotions, the order of layoffs and reemployment and for other purposes;
(8)
Keep any other such records as may be necessary for the proper administration of this part; and
(9)
Determine all fringe benefits to employees coming under the provisions of this part.
Acts 1974, ch. 751, §§ 9, 14; T.C.A., § 8-848.
2023 Tennessee Code › Title 8 - PUBLIC OFFICERS AND EMPLOYEES (§§ 8-1-101 — 65-168) › Chapter 8 - SHERIFFS (§§ 8-8-101 — 8-8-606) › Part 4 - COUNTY SHERIFF'S CIVIL SERVICE LAW OF 1974 (§§ 8-8-401 — 8-8-419) › Section 8-8-410 - Preliminary or performance tests required - Exceptions

(a)
All persons in the employ of the office of the sheriff or classified service positions at the time this part becomes operative, who have served for a period longer than six (6) months, shall be retained without preliminary or performance tests, but shall thereafter be subject in all other respects to this part. Any other persons in the classified service at the time this part becomes operative shall be regarded as holding their positions under provisional appointment.
(b)
Upon the expiration of a contract by a private contractor to operate a detention facility for a county which has adopted this part, the county sheriff's department may assume responsibility of the operation of such facility and may accept the transfer of any or all employees of the private contractor at the facility to employment by the sheriff's department. At the request of the sheriff to the county legislative body and upon a two-thirds (2/3) vote of the county legislative body, those transferring employees with a period of employment longer than six (6) months at the facility prior to transfer shall be retained without preliminary or performance tests, but shall thereafter be subject in all other respects to this part.
Acts 1974, ch. 751, § 10; T.C.A., § 8-849; Acts 1991, ch. 367, § 1.
2023 Tennessee Code › Title 8 - PUBLIC OFFICERS AND EMPLOYEES (§§ 8-1-101 — 65-168) › Chapter 8 - SHERIFFS (§§ 8-8-101 — 8-8-606) › Part 4 - COUNTY SHERIFF'S CIVIL SERVICE LAW OF 1974 (§§ 8-8-401 — 8-8-419) › Section 8-8-411 - Classification plan

The board shall, as soon as practical after this part becomes operative, adopt a classification plan and make rules for its administration. The position classification plan may, if desired, create different classes of positions within each position in the classified service. The position classification plan shall show the duties, authorities, responsibilities and character of work required of each position and each class thereof. The board shall determine the requirements of each position and class thereof as to education, experience, capabilities, knowledge and skill. As far as practical, the probable lines of promotion to and from the classes of positions shall be indicated.
Acts 1974, ch. 751, § 11; T.C.A., § 8-850.
2023 Tennessee Code › Title 8 - PUBLIC OFFICERS AND EMPLOYEES (§§ 8-1-101 — 65-168) › Chapter 8 - SHERIFFS (§§ 8-8-101 — 8-8-606) › Part 4 - COUNTY SHERIFF'S CIVIL SERVICE LAW OF 1974 (§§ 8-8-401 — 8-8-419) › Section 8-8-412 - Creation of new positions - Abolition of old positions

The board may, upon request of and by the advice of the sheriff, create new positions or combine, alter or abolish existing positions in such manner as the board acting under the advice of the sheriff deems necessary for the effective operation of the office of sheriff. No position in the classified service shall be abolished except upon approval of the board acting in good faith upon the advice of the sheriff.
Acts 1974, ch. 751, § 12; T.C.A., § 8-851.
2023 Tennessee Code › Title 8 - PUBLIC OFFICERS AND EMPLOYEES (§§ 8-1-101 — 65-168) › Chapter 8 - SHERIFFS (§§ 8-8-101 — 8-8-606) › Part 4 - COUNTY SHERIFF'S CIVIL SERVICE LAW OF 1974 (§§ 8-8-401 — 8-8-419) › Section 8-8-413 - Leaves of absence

(a)
The board shall formulate reasonable rules governing the granting of leaves of absence to members of the classified service in good standing. The board shall seek the advice of the sheriff upon any request for leave of absence before acting thereon and shall be guided by the requirements of adequate law enforcement and the operational efficiency of the office of sheriff when considering any such request for a leave.
(b)
Any persons coming under the classified service who shall hereafter be inducted into the armed forces of the United States, or who shall hereafter enter the service voluntarily in a time of war or other national emergency, shall, upon application of the sheriff, receive a military leave of absence for the duration of the period of service required. The employee shall retain all rights or seniority and shall be entitled to re-employment in the same capacity and position held at the time of entering military service; however, an application for reinstatement in such position must be made by or on behalf of such employee within three (3) months after termination of active service in the armed forces.
Acts 1974, ch. 751, § 13; T.C.A., § 8-852.
2023 Tennessee Code › Title 8 - PUBLIC OFFICERS AND EMPLOYEES (§§ 8-1-101 — 65-168) › Chapter 8 - SHERIFFS (§§ 8-8-101 — 8-8-606) › Part 4 - COUNTY SHERIFF'S CIVIL SERVICE LAW OF 1974 (§§ 8-8-401 — 8-8-419) › Section 8-8-414 - Eligibility lists - Eligibility and promotion tests

(a)
The sheriff shall keep the board informed by periodic reports of the employment needs of the office.
(b)
(1)
The board shall, as often as necessary, hold tests to establish lists of persons eligible for the various positions in the classified service.
(2)
Such tests shall be public, competitive and open to all persons who may be lawfully appointed under the rules promulgated by the board and existing prior to the announcement of the examination. Such rules may set limitations as to residence, age, health, habits, moral character and other necessary prerequisites for the performance of the duties of the position for which examination is designated.
(c)
Promotion tests shall be public, competitive and free to all persons examined and appointed under this part who have held a position for at least one (1) year.
(d)
All tests shall be practical and shall consist only of subjects which will fairly determine the capacity of the person examined to perform the duties of the position in which the appointment is to be made. Tests may include examination for physical fitness and manual skill. No question in any test shall relate to religious or political opinions or affiliation.
(e)
The eligibles shall take rank upon a list which shall be compiled for each position, in the order of their relative excellence as determined by the tests and without reference to when the tests were given. No lists of eligibles shall be valid after one (1) year; however, the civil service board may extend an eligible period for not more than one (1) additional year.
(f)
Notice of the time, place and general scope of each test, and the duties, pay and experience required for all positions for which the test is to be held, shall be given by the board to each applicant at least one (1) week preceding the test. The notice must be in writing and addressed to the last known address supplied by the applicant. Notice of promotional tests shall be given as the board may prescribe.
Acts 1974, ch. 751, § 14; T.C.A., § 8-853.
2023 Tennessee Code › Title 8 - PUBLIC OFFICERS AND EMPLOYEES (§§ 8-1-101 — 65-168) › Chapter 8 - SHERIFFS (§§ 8-8-101 — 8-8-606) › Part 4 - COUNTY SHERIFF'S CIVIL SERVICE LAW OF 1974 (§§ 8-8-401 — 8-8-419) › Section 8-8-415 - Filling of vacancies - Probationary period

(a)
Whenever a vacancy occurs in any position in the classified section of the office of sheriff, the sheriff shall ask the board for the names and addresses of all eligible persons. The board shall certify the names of all persons on the eligible list for that position within thirty (30) days of the sheriff's request. The sheriff shall investigate each of the five (5) highest on the list of eligibles. If none of the five (5) eligibles are acceptable to the sheriff, the sheriff shall investigate the next five (5) eligibles on the list, one (1) after another until one (1) of the eligibles investigated is acceptable. The sheriff shall appoint this person to the position and notify the board of such action. If the civil service board fails to provide a list, then the sheriff may make appointments to vacancies after having notified the board of an intention to do so.
(b)
No appointment or promotion for any position in the classified service shall be deemed complete until after the expiration of six (6) months' probationary service, during which time the sheriff may determine the effectiveness of the employee and if, in the sheriff's judgment, the employee does not meet the standards the sheriff may terminate the employment of that person.
(c)
Whenever a position of the classified service is filled by promotion, and the services of the person promoted are terminated by the sheriff during the probationary period, such person shall be returned to such person's former position in the classified service unless such person's conduct during the probationary period has given grounds for dismissal for cause under this part.
(d)
Any person dismissed during the probationary period shall not be eligible for a hearing before the board.
(e)
A person certified to the sheriff who does not report for duty at the time so designated and who does not explain in writing within five (5) days such failure to report, may be rejected by the sheriff, who shall notify the board of the action taken and the reason for it. The person's name will then be stricken from the eligible list.
Acts 1974, ch. 751, § 15; T.C.A., § 8-854.
2023 Tennessee Code › Title 8 - PUBLIC OFFICERS AND EMPLOYEES (§§ 8-1-101 — 65-168) › Chapter 8 - SHERIFFS (§§ 8-8-101 — 8-8-606) › Part 4 - COUNTY SHERIFF'S CIVIL SERVICE LAW OF 1974 (§§ 8-8-401 — 8-8-419) › Section 8-8-416 - Transfer of positions

Employees in the classified service may be transferred from one position to another in the same class. Transfers may be instituted only by the sheriff and shall be permitted only with the consent of the sheriff.
Acts 1974, ch. 751, § 16; T.C.A., § 8-855.
2023 Tennessee Code › Title 8 - PUBLIC OFFICERS AND EMPLOYEES (§§ 8-1-101 — 65-168) › Chapter 8 - SHERIFFS (§§ 8-8-101 — 8-8-606) › Part 4 - COUNTY SHERIFF'S CIVIL SERVICE LAW OF 1974 (§§ 8-8-401 — 8-8-419) › Section 8-8-417 - Procedural rules to be established - Power to gather evidence

(a)
The practice and procedure of the board with respect to any investigation by the board authorized by this part shall be in accordance with the rules and regulations to be established by the board. The rules shall provide for reasonable notice to all persons affected and for the opportunity to be heard, either in person or as represented by counsel, and to introduce testimony in their behalf at a public hearing.
(b)
The board, when conducting any investigations or hearings authorized by this part, shall have the power to administer oaths, take depositions, issue subpoenas, and compel the attendance of witnesses and the production of books, accounts, papers, records, documents and testimony. If any person fails to comply with the orders of the board or of a subpoena issued by the board or any of its members, or if a witness refuses to testify on any matter on which the witness may be lawfully interrogated, the judge in any court of record within the county, on application of any member of the board, shall compel obedience by proceedings as for contempt. The sheriff or the sheriff's legal deputy shall serve such subpoenas as issued by the board.
Acts 1974, ch. 751, § 17; T.C.A., § 8-856.
2023 Tennessee Code › Title 8 - PUBLIC OFFICERS AND EMPLOYEES (§§ 8-1-101 — 65-168) › Chapter 8 - SHERIFFS (§§ 8-8-101 — 8-8-606) › Part 4 - COUNTY SHERIFF'S CIVIL SERVICE LAW OF 1974 (§§ 8-8-401 — 8-8-419) › Section 8-8-418 - Report of changes in status required - Suspensions authorized - Hearings

(a)
The sheriff shall give an immediate report in writing of all appointments, reinstatements, vacancies, absences or other matters affecting the status of any member of the classified service or the performance of the duties of members of the classified service. The report shall be in the manner and form prescribed by the board.
(b)
The sheriff may suspend any employee for not more than ten (10) days for cause, and there shall be no right of appeal for such suspension. The sheriff does not have the authority to suspend any employee for more than one (1) suspension of ten (10) days within any given six-month period of time without a right of appeal.
(c)
If the sheriff suspends any employee for a period longer than ten (10) days, the suspended employee shall be notified in writing of the charges. The suspended employee shall thereafter have ten (10) days to request a hearing before the civil service board. Upon receiving the request, the board shall set a hearing, not more than thirty (30) days from the date of the receipt of the request.
Acts 1974, ch. 751, § 18; T.C.A., § 8-857.
2023 Tennessee Code › Title 8 - PUBLIC OFFICERS AND EMPLOYEES (§§ 8-1-101 — 65-168) › Chapter 8 - SHERIFFS (§§ 8-8-101 — 8-8-606) › Part 4 - COUNTY SHERIFF'S CIVIL SERVICE LAW OF 1974 (§§ 8-8-401 — 8-8-419) › Section 8-8-419 - Political activity restricted

(a)
(1)
No person holding a position in the classified service shall take an active part in any political campaign while on duty.
(2)
(A)
No employee of the sheriff's department shall solicit money for political campaigns; provided, that such restriction shall not prohibit an employee, including a deputy sheriff, who is running for an elected office from soliciting and accepting campaign contributions for such person's own election campaign if the person is not on duty or in uniform when such activities occur.
(B)
No employee of the sheriff's office shall make any public endorsement of any candidate in any campaign for elected office; provided that, if an employee or deputy sheriff is running for an elected office then such restriction shall not apply to that employee or deputy sheriff's own campaign.
(3)
A deputy sheriff shall not use such position to reflect the deputy sheriff's personal political feelings as those of the sheriff's department or to exert any pressure on anyone to influence that person's political views.
(4)
No employee while on duty, nor any officer while in uniform, shall display any political advertising or paraphernalia on such person's body or automobile.
(b)
However, nothing in this part shall be construed to prohibit or prevent any such employee from becoming or continuing to be a member of a political club or organization and enjoying all the rights and privileges of such membership or from attending any political meetings, while not on duty. Such employee shall not be denied freedom in the casting of a vote.
(c)
Any person violating this section shall be dismissed from the service of the office of the sheriff.
Acts 1974, ch. 751, § 19; T.C.A., § 8-858; Acts 2010, ch. 1025, § 1.
2023 Tennessee Code › Title 8 - PUBLIC OFFICERS AND EMPLOYEES (§§ 8-1-101 — 65-168) › Chapter 8 - SHERIFFS (§§ 8-8-101 — 8-8-606) › Part 5 - DISPOSAL OF PROPERTY BY SHERIFF (§§ 8-8-501 — 8-8-504) › Section 8-8-501 - Disposition of unclaimed property

The sheriff is hereby authorized to dispose of all abandoned, stolen, and/or recovered or worthless property, other than as provided in §
8-8-504
, which remains unclaimed in the sheriff's custody and possession by virtue of confiscation, abandonment or having been stolen and recovered. Such disposition shall not be made until a period of ninety (90) days has elapsed from date of acquisition of such property by the sheriff.
Acts 1961, ch. 259, § 1; T.C.A., § 8-828; Acts 2012 , ch. 816, § 1.
2023 Tennessee Code › Title 8 - PUBLIC OFFICERS AND EMPLOYEES (§§ 8-1-101 — 65-168) › Chapter 8 - SHERIFFS (§§ 8-8-101 — 8-8-606) › Part 5 - DISPOSAL OF PROPERTY BY SHERIFF (§§ 8-8-501 — 8-8-504) › Section 8-8-502 - Notice to owner - Time for claiming property

Prior to disposing of such property, the sheriff shall make a reasonable effort to locate the true owner of the property and notify such owner of the sheriff's possession of the property. The true owner, when located, shall claim the property within a reasonable time.
Acts 1961, ch. 259, § 2; T.C.A., § 8-829.
2023 Tennessee Code › Title 8 - PUBLIC OFFICERS AND EMPLOYEES (§§ 8-1-101 — 65-168) › Chapter 8 - SHERIFFS (§§ 8-8-101 — 8-8-606) › Part 5 - DISPOSAL OF PROPERTY BY SHERIFF (§§ 8-8-501 — 8-8-504) › Section 8-8-503 - Court order for disposition - Disposition of proceeds

Prior to disposing of such property under this part, the sheriff shall present to a judge of one of the criminal courts of the county a list of all such property to be disposed of, together with an affidavit that the sheriff has made a reasonable search for the true owner thereof, and that the true owner cannot be located. The sheriff shall then procure from the judge an appropriate order of the court directing the manner in which such property is to be disposed of, the proceeds to be paid over to the general fund of the county.
Acts 1961, ch. 259, § 3; T.C.A., § 8-830.
2023 Tennessee Code › Title 8 - PUBLIC OFFICERS AND EMPLOYEES (§§ 8-1-101 — 65-168) › Chapter 8 - SHERIFFS (§§ 8-8-101 — 8-8-606) › Part 5 - DISPOSAL OF PROPERTY BY SHERIFF (§§ 8-8-501 — 8-8-504) › Section 8-8-504 - Law supplemental - When property not returned

Nothing in this part shall be construed as repealing any other law now in effect which provides for the disposition of abandoned, stolen, recovered and/or contraband property; provided, that no such property shall be returned to the owner, even if known, if the return of such property may be inimical to the public welfare.
Acts 1961, ch. 259, § 4; T.C.A., § 8-831.
2023 Tennessee Code › Title 8 - PUBLIC OFFICERS AND EMPLOYEES (§§ 8-1-101 — 65-168) › Chapter 8 - SHERIFFS (§§ 8-8-101 — 8-8-606) › Part 6 - CORRECTIONAL OFFICERS - CIVIL SERVICE (§§ 8-8-601 — 8-8-606) › Section 8-8-601 - Inclusion in civil service system

The civil service system of a county having a metropolitan form of government includes an employee of the sheriff's office who is classified as a correctional officer.
Acts 1993, ch. 53, § 1.
2023 Tennessee Code › Title 8 - PUBLIC OFFICERS AND EMPLOYEES (§§ 8-1-101 — 65-168) › Chapter 8 - SHERIFFS (§§ 8-8-101 — 8-8-606) › Part 6 - CORRECTIONAL OFFICERS - CIVIL SERVICE (§§ 8-8-601 — 8-8-606) › Section 8-8-602 - Civil service status of correctional officers employed as of March 22, 1993

Each correctional officer employed by the sheriff's office on March 22, 1993, who has served for a period of not less than six (6) months, shall be retained without preliminary or performance tests, but shall be subject in all other respects to the civil service system.
Acts 1993, ch. 53, § 2.
2023 Tennessee Code › Title 8 - PUBLIC OFFICERS AND EMPLOYEES (§§ 8-1-101 — 65-168) › Chapter 8 - SHERIFFS (§§ 8-8-101 — 8-8-606) › Part 6 - CORRECTIONAL OFFICERS - CIVIL SERVICE (§§ 8-8-601 — 8-8-606) › Section 8-8-603 - Position classification plan

With the advice and consent of the sheriff, the civil service commission shall adopt a position classification plan for correctional officers and make rules for its administration.
Acts 1993, ch. 53, § 3.
2023 Tennessee Code › Title 8 - PUBLIC OFFICERS AND EMPLOYEES (§§ 8-1-101 — 65-168) › Chapter 8 - SHERIFFS (§§ 8-8-101 — 8-8-606) › Part 6 - CORRECTIONAL OFFICERS - CIVIL SERVICE (§§ 8-8-601 — 8-8-606) › Section 8-8-604 - Reports - Testing

(a)
The sheriff shall keep the board informed by periodic reports of the employment needs of the office.
(b)
The board shall as often as necessary conduct tests to establish lists of persons eligible for the various positions.
(c)
Such tests shall be public, competitive and open to all persons who may be appointed under the criteria set by the commission. Such criteria may set limitations on residency, age, health, habits, moral character, and other necessary prerequisites for the performance of the duties of the positions.
Acts 1993, ch. 53, § 4.
2023 Tennessee Code › Title 8 - PUBLIC OFFICERS AND EMPLOYEES (§§ 8-1-101 — 65-168) › Chapter 8 - SHERIFFS (§§ 8-8-101 — 8-8-606) › Part 6 - CORRECTIONAL OFFICERS - CIVIL SERVICE (§§ 8-8-601 — 8-8-606) › Section 8-8-605 - Vacancies

Whenever a vacancy occurs in a position for a correctional officer, the sheriff shall ask the commission for the names and addresses of all eligible persons in accordance with the rules of the commission in order to fill the appointment.
Acts 1993, ch. 53, § 5.
2023 Tennessee Code › Title 8 - PUBLIC OFFICERS AND EMPLOYEES (§§ 8-1-101 — 65-168) › Chapter 8 - SHERIFFS (§§ 8-8-101 — 8-8-606) › Part 6 - CORRECTIONAL OFFICERS - CIVIL SERVICE (§§ 8-8-601 — 8-8-606) › Section 8-8-606 - Applicability

This part shall only apply to a county having a metropolitan form of government in which the sheriff has no law enforcement authority.
Acts 1993, ch. 53, § 7.
2023 Tennessee Code › Title 8 - PUBLIC OFFICERS AND EMPLOYEES (§§ 8-1-101 — 65-168) › Chapter 9 - CORONERS (§§ 8-9-101 — 8-9-106) › Section 8-9-101 - County coroner - Creation of office - Election and term of office - Medical examiners as coroners

The county legislative body is hereby granted discretionary authority to create the office of county coroner. If such office is created, the county legislative body shall elect a coroner who shall hold office for two (2) years, and until a successor is qualified. However, in those counties that have a county medical examiner, the county legislative body may vest the duties of the county coroner in the county medical examiner and shall not be required to elect a county coroner.
Code 1858, § 375 (deriv. Const. 1834, art. 7, § 1; Acts 1845-1846, ch. 88); Shan., § 465; Code 1932, § 712; Acts 1979, ch. 146, §1; T.C.A. (orig. ed.), § 8-901.
2023 Tennessee Code › Title 8 - PUBLIC OFFICERS AND EMPLOYEES (§§ 8-1-101 — 65-168) › Chapter 9 - CORONERS (§§ 8-9-101 — 8-9-106) › Section 8-9-102 - Removal - Vacancies

The county legislative body has the power to remove the coroner for misconduct or omission of duty, and may also supply any vacancy.
Code 1858, § 376 (deriv. Const. 1834, art. 7, § 1); Shan., § 466; Code 1932, § 713; Acts 1979, ch. 146, § 2; T.C.A. (orig. ed.), § 8-902.
2023 Tennessee Code › Title 8 - PUBLIC OFFICERS AND EMPLOYEES (§§ 8-1-101 — 65-168) › Chapter 9 - CORONERS (§§ 8-9-101 — 8-9-106) › Section 8-9-103 - Bond

Before entering into the duties of the office, the coroner shall execute an official bond in an amount of two thousand five hundred dollars ($2,500) or such greater amount as the county legislative body by resolution may determine. The bond must be prepared, executed, filed, and recorded in accordance with title 8, chapter 19.
Amended by 2023 Tenn. Acts, ch. 207, s 6, eff. 7/1/2023.
Code 1858, §§ 377, 379 (deriv. Acts 1785, ch. 2, § 6); Shan., §§ 467, 469; Code 1932, §§ 714, 716; Acts 1977, ch. 270, §3; 1978, ch. 689, §§ 1, 12; impl. am. Acts 1978, ch. 934, §§ 7, 36; T.C.A. (orig. ed.), § 8-903; Acts 1998, ch. 677, § 7.
2023 Tennessee Code › Title 8 - PUBLIC OFFICERS AND EMPLOYEES (§§ 8-1-101 — 65-168) › Chapter 9 - CORONERS (§§ 8-9-101 — 8-9-106) › Section 8-9-104 - Oath of office

The coroner shall take an oath to support the constitutions of the United States and of Tennessee, and faithfully to execute the duties of the office.
Code 1858, § 378 (deriv. Const. 1834, art. 10, § 1); Shan., § 468; Code 1932, § 715; T.C.A. (orig. ed.), § 8-904.
2023 Tennessee Code › Title 8 - PUBLIC OFFICERS AND EMPLOYEES (§§ 8-1-101 — 65-168) › Chapter 9 - CORONERS (§§ 8-9-101 — 8-9-106) › Section 8-9-105 - Deputies

(a)
Coroners have the power to appoint one (1) or more deputies, and to require them to give bond, with security, to save their respective principals harmless, and for the faithful discharge of their duties.
(b)
In those counties which have the office of county coroner, the office of deputy coroner or deputy coroners may be created by private act, and such deputy coroner or deputy coroners shall be authorized to perform all duties which can now be performed by the coroner.
Acts 1873, ch. 111; Shan., § 470; Code 1932, § 717; Acts 1959, ch. 285, §1; 1979, ch. 146, § 3; T.C.A. (orig. ed.), § 8-905.
2023 Tennessee Code › Title 8 - PUBLIC OFFICERS AND EMPLOYEES (§§ 8-1-101 — 65-168) › Chapter 9 - CORONERS (§§ 8-9-101 — 8-9-106) › Section 8-9-106 - Process directed to coroner

In any legal proceeding, when it appears from the papers that the sheriff is a party, or, from affidavit filed, that the sheriff is interested, the process may be directed to the coroner.
Code 1858, § 381; Shan., § 472; Code 1932, § 719; T.C.A. (orig. ed.), § 8-907.
2023 Tennessee Code › Title 8 - PUBLIC OFFICERS AND EMPLOYEES (§§ 8-1-101 — 65-168) › Chapter 10 - CONSTABLES (§§ 8-10-101 — 8-10-206) › Part 1 - IN GENERAL (§§ 8-10-101 — 8-10-120) › Section 8-10-103 - Vacation of office by removal from district

A constable shall vacate office by removal from the district, and is liable to a penalty of forty dollars ($40.00) for acting as constable after such removal, to be recovered before any judge of the court of general sessions of the county in which the constable resides, one half (1/2) to the use of the person suing, and the other one half (1/2) to the use of the county.
Code 1858, § 399 (deriv. Const., 1834, art. 6, § 15); Shan., § 490; Code 1932, § 736; impl. am. Acts 1979, ch. 68, §§ 2, 3; T.C.A. (orig. ed.), § 8-1003.
2023 Tennessee Code › Title 8 - PUBLIC OFFICERS AND EMPLOYEES (§§ 8-1-101 — 65-168) › Chapter 10 - CONSTABLES (§§ 8-10-101 — 8-10-206) › Part 1 - IN GENERAL (§§ 8-10-101 — 8-10-120) › Section 8-10-104 - Completion of in-service education required prior to exercise of law enforcement powers and authority

(a)
A constable shall not exercise any law enforcement powers and authority conferred upon the constable by §§
8-10-108
,
39-17-1315
,
39-17-1350
,
40-6-210
, 40- 6-212, 55-8-152, 57-9-101, 57-9-103, and 57-9-201, if the constable fails to complete the in-service education requirements described in part 2 of this chapter.
(b)
A constable who violates this section commits a Class C misdemeanor, subject to a fine only. Each day of a violation of this section constitutes a separate offense.
Amended by 2020 Tenn. Acts, ch. 688, s 1, eff. 7/1/2020.
2023 Tennessee Code › Title 8 - PUBLIC OFFICERS AND EMPLOYEES (§§ 8-1-101 — 65-168) › Chapter 10 - CONSTABLES (§§ 8-10-101 — 8-10-206) › Part 1 - IN GENERAL (§§ 8-10-101 — 8-10-120) › Section 8-10-106 - Oath and surety bond

(a)
Before entering into the duties of the office, the constable shall take an oath to support the constitutions of this state and of the United States, and an oath of office, pursuant to §
8-10-108
. Each constable shall execute an official bond in an amount of four thousand dollars ($4,000) or such greater amount as the county legislative body by resolution may determine. The bond must be prepared, executed, filed, and recorded in accordance with title 8, chapter 19.
(b)
Notwithstanding any law to the contrary, the bond as required for a constable shall be a surety bond executed by a surety company authorized to do business in Tennessee as surety.
Amended by 2023 Tenn. Acts, ch. 207, s 7, eff. 7/1/2023.
Code 1858, §§ 385, 386 (deriv. Acts 1837-1838, ch. 152; 1839-1840, ch. 63, §§ 2, 5); Shan., §§ 476, 477; Code 1932, §§ 723, 724; Acts 1977, ch. 270, § 4; 1978, ch. 689, §§ 2, 12; impl. am. Acts 1978, ch. 934, §§ 7, 36; T.C.A. (orig. ed.), § 8-1006; Acts 1998, ch. 677, §§ 8, 9; 2011 , ch. 150, § 1.
2023 Tennessee Code › Title 8 - PUBLIC OFFICERS AND EMPLOYEES (§§ 8-1-101 — 65-168) › Chapter 10 - CONSTABLES (§§ 8-10-101 — 8-10-206) › Part 1 - IN GENERAL (§§ 8-10-101 — 8-10-120) › Section 8-10-107 - Replacement of sureties

The county legislative body, as in its discretion it may deem necessary, shall require constables to give new sureties whenever the old sureties die, remove from the county, or become insolvent or otherwise unable to pay.
Code 1858, § 387 (deriv. Acts 1839-1840, ch. 63, § 4); Shan., § 478; mod. Code 1932, § 725; impl. am. Acts 1978, ch. 934, §§ 7, 36; T.C.A. (orig. ed.), § 8-1007.
2023 Tennessee Code › Title 8 - PUBLIC OFFICERS AND EMPLOYEES (§§ 8-1-101 — 65-168) › Chapter 10 - CONSTABLES (§§ 8-10-101 — 8-10-206) › Part 1 - IN GENERAL (§§ 8-10-101 — 8-10-120) › Section 8-10-109 - Common law power reserved in certain counties

(a)
Every constable, so elected and sworn, in those counties set out in §
8-10-108(b)
, including counties added to §
8-10-108(b)
at any time subsequent to 1969, is a conservator of the peace and vested with all the power and authority belonging to the office of constable by common law.
(b)
(1)
(A)
Notwithstanding any other law to the contrary, a county legislative body may, by adopting a resolution by a two-thirds (2/3) vote at two (2) consecutive meetings of the county legislative body, remove any law enforcement powers exercised by the constables of the county.
(B)
Except as provided in subdivision (b)(1)(C), any such action by the county legislative body to remove such law enforcement powers shall apply to constables elected for terms of office following the expiration of the term of office of constables in office at the time such action is taken by the county legislative body.
(C)
If during a constable's term of office, a constable is convicted of any felony or is removed from office under §
8-47-101
for knowingly or willfully committing misconduct in office, then with respect to such constable, the action of the county legislative body for removal of law enforcement powers shall become effective on the date such constable is removed from office or the date of the felony conviction; provided, however, that if the felony conviction is overturned and there is additional time remaining on the term of office for which the constable was elected, the law enforcement powers shall be restored to such constable until the end of such term of office.
(2)
This subsection (b) does not apply in counties having a population of:
not less than
nor more than
13,625
13,675
30,500
30,800
31,200
31,300
67,600
67,900
73,500
73,900
85,800
86,100
according to the 1990 federal census or any subsequent federal census.
Code 1858, § 390 (deriv. Acts 1741, ch. 5, § 3); Shan., § 481; Code 1932, § 728; Acts 1969, ch. 160, § 2; 1969, ch. 319, §§ 1, 4; 1973, ch. 382, § 2; T.C.A. (orig. ed.), § 8-1009; Acts 1997 , ch. 344, §§ 5 - 7, 9, 10; 2009 , ch. 230, § 2; 2009 , ch. 515, § 2; 2011 , ch. 481, § 2.
2023 Tennessee Code › Title 8 - PUBLIC OFFICERS AND EMPLOYEES (§§ 8-1-101 — 65-168) › Chapter 10 - CONSTABLES (§§ 8-10-101 — 8-10-206) › Part 1 - IN GENERAL (§§ 8-10-101 — 8-10-120) › Section 8-10-110 - Administrative leave during criminal prosecution - Criminal contempt - Conviction

(a)
(1)
If a constable elected under this part is indicted or formally charged with a misdemeanor involving gambling or moral turpitude, or a felony, then the court with jurisdiction over the criminal offense shall place the constable on administrative leave by issuing an ex parte order placing such constable on administrative leave pending a preliminary hearing.
(2)
Once a constable is placed on administrative leave pursuant to subdivision (a)(1), the court shall conduct a preliminary hearing, pursuant to Rule 5 of the Tennessee Rules of Criminal Procedure, to determine whether probable cause exists to establish that the constable committed a misdemeanor involving gambling or moral turpitude, or a felony. If the court finds probable cause exists, then the court shall enter an order placing the constable on administrative leave until the conclusion of the criminal prosecution. If the court does not find that probable cause exists, then the court shall enter an order terminating the administrative leave of the constable.
(b)
The court may hold a constable who does not comply with an order issued under subsection (a) in criminal contempt of court, pursuant to §
29-9-103
.
(c)
(1)
If a constable is placed on administrative leave under subsection (a), the clerk of court shall mail a copy of the court's order to the legislative body of the county in which the constable serves for purposes of temporarily filling the vacant seat of the constable, as necessary.
(2)
If a constable is convicted of a misdemeanor involving gambling or moral turpitude or a felony, the clerk of court shall mail a certified copy of the conviction to the attorney general and reporter and the appropriate district attorney general, county attorney, and city attorney to determine whether ouster proceedings should be brought pursuant to chapter 47 of this title.
Amended by 2024 Tenn. Acts, ch. 753,s 1, eff. 7/1/2024.
Added by 2022 Tenn. Acts, ch. 969, s 1, eff. 5/3/2022.