5-1-101. Enumeration of counties.

The state is divided into the following counties: Anderson, Bedford, Benton, Bledsoe, Blount, Bradley, Campbell, Cannon, Carroll, Carter, Cheatham, Chester, Claiborne, Clay, Cocke, Coffee, Crockett, Cumberland, Davidson, Decatur, DeKalb, Dickson, Dyer, Fayette, Fentress, Franklin, Gibson, Giles, Grainger, Greene, Grundy, Hamblen, Hamilton, Hancock, Hardeman, Hardin, Hawkins, Haywood, Henderson, Henry, Hickman, Houston, Humphreys, Jackson, Jefferson, Johnson, Knox, Lake, Lauderdale, Lawrence, Lewis, Lincoln, Loudon, Macon, Madison, Marion, Marshall, Maury, McMinn, McNairy, Meigs, Monroe, Montgomery, Moore, Morgan, Obion, Overton, Perry, Pickett, Polk, Putnam, Rhea, Roane, Robertson, Rutherford, Scott, Sequatchie, Sevier, Shelby, Smith, Stewart, Sullivan, Sumner, Tipton, Trousdale, Unicoi, Union, Van Buren, Warren, Washington, Wayne, Weakley, White, Williamson and Wilson.

Code 1858, § 75; Shan., § 92a; Code 1932, § 110; T.C.A. (orig. ed.), § 5-101.

Cross-References. Acts fixing boundaries left unrepealed, § 1-2-105.

Grand divisions, title 4, ch. 1, part 2.

Textbooks. Tennessee Jurisprudence, 8 Tenn. Juris., Counties, § 2.

Attorney General Opinions. Cities and counties lack statutory authority to regulate mortgage transactions, OAG 03-016, 2003 Tenn. AG LEXIS 19 (2/11/03).

Collateral References.

Liability of municipality or other governmental unit for failure to provide police protection. 90 A.L.R.5th 273.

5-1-102. Jurisdiction over boundary waters.

Counties bounded by a stream or other waters shall have concurrent jurisdiction over the whole of the waters lying between them.

Code 1858, § 405; Shan., § 497; Code 1932, § 743; T.C.A. (orig. ed.), § 5-102.

Cross-References. State boundary waters, §§ 4-1-103, 4-1-104.

Textbooks. Tennessee Jurisprudence, 17 Tenn. Juris., Jurisdiction, § 5.

Law Reviews.

Constitutional Law — 1963 Tennessee Survey (James C. Kirby, Jr.), 17 Vand. L. Rev. 944 (1964).

5-1-103. Corporate capacity.

Every county is a corporation and the members of the legislative body of each county assembled are the representatives of the county and authorized to act for it.

Code 1858, § 402; Shan., § 493; Code 1932, § 739; Acts 1978, ch. 934, § 1; T.C.A. (orig. ed.), § 5-103.

5-1-104. County officers — Filling vacancies.

1. Each organized county shall have, in addition to the judicial officers elected by the qualified voters or by the county legislative body, such other officers as are authorized by law to manage county business.
2. 1. Vacancies in county offices required by the Constitution of Tennessee or by any statutory provision to be filled by the people shall be filled by the county legislative body, and any person so appointed shall serve until a successor is elected at the next general election, as defined in § 2-1-104, in the county and is qualified. The county legislative body shall be required to make an appointment to fill a vacancy within one hundred twenty (120) days of receiving notice of the vacancy unless during that time period there is a general election scheduled in the county and there is sufficient time for the vacancy to be placed on the ballot in accordance with this section. Any appointment to fill a vacancy by the county legislative body shall be made in accordance with chapter 5, part 1 of this title. This subdivision (b)(1) shall not apply to any county that has a metropolitan form of government and a population in excess of five hundred thousand (500,000), according to the 2000 federal census or any subsequent federal census. This subdivision (b)(1) shall not apply in any county having a population of not less than eight hundred ninety-seven thousand four hundred (897,400) nor more than eight hundred ninety-seven thousand five hundred (897,500), according to the 2000 federal census or any subsequent federal census.
   2. If the vacancy occurs after the time for filing nominating petitions for the party primary election and more than sixty (60) days before the party primary election, then nominees of political parties shall be selected in such primary election and a successor elected in the August general election. If the vacancy occurs less than sixty (60) days before the party primary election but sixty (60) days or more before the August election, then nominees of political parties shall be selected by party convention and a successor elected in the August election. If the vacancy occurs less than sixty (60) days before the August election but sixty (60) days or more before the November election, then nominees of political parties shall be selected by party convention and a successor elected in the November election.
   3. If a vacancy occurs more than ten (10) days prior to the regular qualifying deadline, then the regular qualifying deadline shall apply. If the vacancy occurs after the tenth day prior to the regular qualifying deadline, independent candidates and candidates nominated by any political party for the vacancies shall qualify by filing all nominating petitions no later than twelve o'clock (12:00) noon, prevailing time, on the fifty-fifth day before the election. If the qualifying deadline is the fifty-fifth day before the election, candidates must withdraw no later than twelve o'clock (12:00) noon, prevailing time, on the fifty-second day before the election.
3. Notwithstanding any law or any provision of any charter of a metropolitan government to the contrary, whenever an election is held to fill a vacancy in a county office that is elected from districts, including, but not limited to, county school board members, county legislative body members, county highway commissions, and constables, the county legislative body may provide by resolution duly certified to the county election commission that persons qualifying as candidates shall be elected from the most recently adopted reapportionment plan in the county. If the county legislative body requires the election to be held using districts as adopted in the most recently adopted reapportionment plan in the county, the county legislative body shall specify to the county election commission which district shall be used to fill the vacancy by election. In the absence of a resolution requiring the latest reapportionment plan be used and specifying which district shall be used for the election, the election shall be held using the district as constituted for the election of the vacated incumbent.

Code 1858, § 406 (deriv. Const. 1834, art. 7, § 1); impl. am. Acts 1870, ch. 98, § 1; Shan., § 498; Code 1932, § 744; Acts 1975, ch. 354, § 1; 1978, ch. 934, §§ 2, 24; 1979, ch. 10, §§ 1, 2; T.C.A. (orig. ed.), § 5-104; Acts 1981, ch. 314, § 1; 1981, ch. 318, § 1; 1992, ch. 707, § 1; 1997, ch. 558, §§ 24, 25; 2007, ch. 125, § 8; 2008, ch. 871, § 1; 2013, ch. 231, § 11.

Code Commission Notes.

Acts 1992, ch. 707, § 2 provided that the 1992 amendment by that act (subsection (c)) applies to elections for office for which the qualifying deadline occurs after April 13, 1992.

Compiler's Notes. For tables of U.S. decennial populations of Tennessee counties, see Volume 13 and its supplement.

Cross-References. County and other public officers and employees, title 8.

Filling a vacancy in the office of constable, § 8-10-118.

Methods of nomination for office, § 2-13-203.

Nominating petitions, filing requirements and deadlines, § 2-5-101.

Officers elected by county legislative body, § 5-5-111.

Public administrators, guardians and trustees, title 30, ch. 1, part 4.

Special elections, title 2, ch. 14.

Textbooks. Tennessee Jurisprudence, 6 Tenn. Juris., Clerks of Court, § 6; 8 Tenn. Juris., Counties, § 13.

Attorney General Opinions. Vacancies on county commission's or county boards of education before 1992 elections, OAG 91-98, 1991 Tenn. AG LEXIS 110 (12/5/91).

T.C.A. § 5-1-104 specifies no time within which the county commission must fill the vacancy, and the law imposes no penalty if the commission leaves the position vacant until it is filled at the next county general election, OAG 04-075, 2004 Tenn. AG LEXIS 67 (4/23/04).

Filling of vacancies in county offices, OAG 07-022 (2/27/07).

Open Meetings Act and appointments by county legislative body.  OAG 10-126, 2010 Tenn. AG LEXIS 132 (12/30/10).

Status of interim county mayor as member of county commission.  OAG 11-2, 2011 Tenn. AG LEXIS 2 (1/7/11).

Vacancy on county commission.  OAG 12-79, 2012 Tenn. AG LEXIS 75 (7/31/12).

5-1-105. Suits against counties.

Suits may be maintained against a county for any just claim, as against other corporations.

Code 1858, § 403 (deriv. Acts 1857-1858, ch. 15, §§ 1, 2); Shan., § 494; Code 1932, § 740; Acts 1972, ch. 565, § 2; T.C.A. (orig. ed.), § 5-105.

Textbooks. Gibson's Suits in Chancery (7th ed., Inman), § 85.

Tennessee Jurisprudence, 8 Tenn. Juris., Counties, § 30.

Attorney General Opinions. Authority of special school district to settle litigation with county, OAG 97-104, 1997 Tenn. AG LEXIS 99 (7/28/97).

5-1-106. Suits for use of counties.

Suits for the use and benefit of any county in this state against any delinquent officer or such officer's sureties, for moneys or funds due such county, shall be brought in the name of the state of Tennessee, for the use of the county for the benefit of which such suit may be brought.

Acts 1875, ch. 27, § 1; Shan., § 495; Code 1932, § 741; T.C.A. (orig. ed.), § 5-106.

Cross-References. Power to bring suit for termination of use of land as cemetery, § 46-4-103.

Textbooks. Gibson's Suits in Chancery (7th ed., Inman), § 85.

Tennessee Jurisprudence, 8 Tenn. Juris., Counties, § 29.

Law Reviews.

Justiciability in Tennessee, Part Two: Standing (Barbara Kritchevsky), 15 Mem. St. U.L. Rev. 179 (1985).

5-1-107. Mandamus to enforce county duties.

The performance of any duty made incumbent by law upon the county may be enforced by mandamus from the circuit court, according to the nature of the case.

Code 1858, § 537; Shan., § 684; Code 1932, § 1080; T.C.A. (orig. ed.), § 5-107.

Cross-References. Mandamus, title 29, ch. 25.

Textbooks. Tennessee Jurisprudence, 8 Tenn. Juris., Counties, § 31; 18 Tenn. Juris., Mandamus, § 9.

Law Reviews.

Methods of Judicial Review over Administrative Actions in Tennessee, 13 Mem. St. U.L. Rev. 657 (1984).

5-1-108. Division into districts.

The different counties shall be laid off, as the general assembly may direct, into districts of convenient size, so that the whole number in each county shall not be more than twenty-five (25), or four (4) for every one hundred square miles (100 sq. mi.).

Code 1858, § 76 (deriv. Const. 1834, art. 6, § 15); Shan., § 94; Code 1932, § 112; T.C.A (orig. ed.), § 5-108.

Cross-References. Consolidation of counties, reduction to 25 districts, § 5-3-108.

Reapportionment of county legislative body districts, § 5-1-111.

Textbooks. Tennessee Jurisprudence, 8 Tenn. Juris., Counties, § 7.

5-1-109. Continuation of existing districts.

The districts already laid off in the several counties shall continue until altered in the manner pointed out by law.

Code 1858, § 77 (deriv. Acts 1835-1836, ch. 1, § 2); Shan., § 95; Code 1932, § 113; T.C.A. (orig. ed.), § 5-109.

5-1-110. District maps and boundaries.

1. 1. The county legislative body shall make, or have made, a map showing civil districts of the county and shall have typed or printed a description of the boundaries of the civil districts.
   2. The county legislative body shall make, or have made, a map showing the county districts from which the members are elected to the county legislative body. The county legislative body may also make, or have made, a census block equivalency file or a typed or printed description of the boundaries of the county districts. In the event of any discrepancy between the boundaries set forth on the map showing the county districts from which the members are elected to the county legislative body and the census block equivalency file or typed or printed description of the boundaries of the county districts, the boundaries set forth on the map shall control.
2. A copy of the map or maps and the accompanying descriptions of the civil district boundaries and, if any, the county district boundaries shall be filed with the county clerk, and a copy also shall be filed with the secretary of state and the comptroller of the treasury.
3. Revised maps shall be filed within ninety (90) days of any revision in any civil district or any other district from which members of the county legislative body are elected.

Code 1858, § 80 (deriv. Acts 1835-1836, ch. 1, § 6); Shan., § 98; Code 1932, § 115; Acts 1968, ch. 599, § 9; 1978, ch. 934, § 3; T.C.A. (orig. ed.), § 5-110; Acts 2011, ch. 96, §§ 1-3; 2018, ch. 528, § 1.

Amendments. The 2018 amendment rewrote (a) which read: “The county legislative body shall make, or have made, a map showing civil districts of the county and, on the same or on a separate map, the county districts from which the members are elected to the county legislative body, and shall have typed or printed a description of the boundaries of the civil districts. A description of the boundaries of the county districts may be typed or printed if the map is not of sufficient detail to delineate the boundaries of the county districts.”

Effective Dates. Acts 2018, ch. 528, § 2. March 7, 2018.

Cross-References. Filing by secretary of state, § 8-3-104.

Textbooks. Tennessee Jurisprudence, 2 Tenn. Juris., Appeal and Error, § 251; 8 Tenn. Juris., Counties, § 7.

5-1-111. County legislative bodies — Reapportionment.

1. Prior to January 1, 1982, and at least every ten (10) years thereafter, county legislative bodies of the different counties shall meet and, a majority of the members being present and concurring, shall change the boundaries of districts or redistrict a county entirely if necessary to apportion the county legislative body so that the members represent substantially equal populations.
2. The county legislative body may increase or decrease the number of districts when the reapportionments are made.
3. A county legislative body may reapportion at any time if the county legislative body deems such action necessary to maintain substantially equal representation based on population.
4. The county legislative body must use the latest federal census data whenever a reapportionment is made.
5. Districts shall be reasonably compact and contiguous and shall not overlap.
6. 1. Except as provided in subdivision (f)(2), in the establishment of boundaries for districts, no precinct shall be split.
   2. Upon written certification by the coordinator of elections, a county election commission may establish a precinct that encompasses two (2) or more districts in any county that has twenty (20) or more county legislative body districts. In making this determination the coordinator of elections shall consider, among other things, the type of voting equipment used in the county, as well as the racial makeup of the districts and the cost savings to the county.
7. Upon application of any citizen of the county affected, the chancery court of such county shall have original jurisdiction to review the county legislative body's apportionment, and shall have jurisdiction to make such orders and decrees amending the apportionment to comply with this section, or if the county legislative body fails to make apportionment, shall make a decree ordering an apportionment.
8. When a reapportionment is made, residents of a correctional institution who cannot by law register in the county as voters may be excluded from any consideration of representation.

Acts 1968, ch. 599, §§ 1, 2, 3, 5, 6, 12; 1972, ch. 615, § 1; 1978, ch. 934, § 4; T.C.A., § 5-111; Acts 2002, ch. 653, § 1; 2016, ch. 954, § 1.

Amendments. The 2016 amendment added (h).

Effective Dates. Acts 2016, ch. 954, § 2. April 27, 2016.

Cross-References. Consolidation of counties, redistricting, § 5-3-108.

Textbooks. Tennessee Jurisprudence, 2 Tenn. Juris., Appeal and Error, § 251; 8 Tenn. Juris., Counties, § 7.

Attorney General Opinions. A county commission could reduce the number of its members as part of a reapportionment plan, and no private act necessary, OAG 01-151, 2001 Tenn. AG LEXIS 159 (9/25/01).

Vacancy on county commission.  OAG 12-79, 2012 Tenn. AG LEXIS 75 (7/31/12).

5-1-112. Civil districts undisturbed by county legislative body reapportionment.

The recordkeeping role of the present civil districts shall be left undisturbed, and the boundaries of civil districts shall be preserved as they exist at the time of the apportionment of the county legislative bodies and on March 7, 1978.

Acts 1968, ch. 599, § 8; 1978, ch. 934, § 5; T.C.A., § 5-112.

Textbooks. Tennessee Jurisprudence, 2 Tenn. Juris., Appeal and Error, § 251.

5-1-113. Interlocal cooperation with municipalities.

The county legislative body of any county and the chief legislative body of any one (1) or more municipalities lying within the boundaries of the county are authorized and empowered to enter into any such agreements, compacts or contractual relations as may be desirable or necessary for the purpose of permitting the county and the municipality or municipalities to conduct, operate or maintain, either jointly or otherwise, desirable and necessary services or functions, under such terms as may be agreed upon by the county legislative body and the chief legislative body of the municipality or the chief legislative bodies of the municipalities.

Acts 1939, ch. 222, § 1; C. Supp. 1950, § 10268.13 (Williams, § 10268.14); Acts 1978, ch. 934, § 6; T.C.A. (orig. ed.), § 5-113; Acts 1989, ch. 188, § 1.

Cross-References. Extension of facilities and services beyond boundaries of municipalities, § 7-52-103.

Extension of utility services, §§ 7-34-104, 7-35-401, 7-51-401.

Garbage services, interlocal cooperation, § 5-19-106.

Interlocal Cooperation Act, title 12, ch. 9.

Attorney General Opinions. A city and county were authorized to enter into an agreement to jointly acquire, construct, and maintain a new library on such terms as might be agreed upon by the parties, including the manner in which title to the real property would be held, OAG 00-169, 2000 Tenn. AG LEXIS 172 (10/31/00).

Authority of a joint economic development board the board to acquire an industrial building and lease it to a private business on behalf of all of its constituent members, OAG 05-176, 2005 Tenn. AG LEXIS 178 (12/13/05).

Conflicts of interest: joint economic and community development boards.  OAG 12-09, 2012 Tenn. AG LEXIS 10 (1/20/12).

5-1-114. Interlocal cooperation between contiguous counties.

1. The county legislative bodies of any two (2) or more contiguous counties are empowered to enter into such agreements, contractual arrangements or compacts as they may deem necessary and desirable, in order to provide for the joint conducting or financing of any of the functions or services rendered by or through the county government.
2. Any county legislative body is empowered to enter into such agreements, contractual arrangements or compacts, as may be deemed necessary or desirable for the county to have any one (1) or more of its services or functions performed by and through the offices and officials of another county legislative body, and any county legislative body is authorized to enter into such agreements, contractual arrangements or compacts as may be deemed desirable or necessary to permit the offices and officials of such county legislative body to perform those services or functions for another county or counties.
3. Such services or functions shall be performed and provided for in accordance with the terms and conditions as agreed upon between the respective county legislative bodies.

Acts 1939, ch. 223, § 1; C. Supp. 1950, § 10268.14 (Williams, § 10268.16); Acts 1978, ch. 934, § 6; impl. am. Acts 1978, ch. 934, §§ 7, 36; T.C.A. (orig. ed.), § 5-114.

Cross-References. Garbage services, interlocal cooperation, § 5-19-106.

Home mortgages, interlocal cooperation, § 7-60-217.

Interlocal Cooperation Act, title 12, ch. 9.

Attorney General Opinions. Under T.C.A. § 5-1-114(a), contiguous counties may cooperate to develop an industrial park through an interlocal agreement, OAG 03-020, 2003 Tenn. AG LEXIS 26 (2/24/03).

Because development of an industrial park could be a “county general purpose” and a “public purpose,” counties may use property tax revenues generated by the industrial park to fulfill terms and conditions of an interlocal agreement, OAG 03-020, 2003 Tenn. AG LEXIS 26 (2/24/03).

5-1-115. Removal of vegetation and debris from certain lots. [For Amendment contingent on county approval; see the Compiler's Notes.]

1. The authority in this section is permissive and not mandatory and may or may not be exercised by a county, as each county deems appropriate.
2. If it is determined by the appropriate department or person, as designated by the governing body of a county, that any owner of record of real property has created, maintained or permitted to be maintained on such property, the growth of trees, vines, grass, underbrush or the accumulation of debris, trash, litter, garbage, or any combination of the preceding elements, or a vacant dilapidated building or structure, so as to endanger the health, safety or welfare of other citizens, or to encourage the infestation of rats and other harmful animals, the appropriate department or person shall provide notice to the owner of record to remedy the condition immediately. The notice shall be given by United States mail, addressed to the last known address of the owner of record. The notice shall state that the owner of the property is entitled to a hearing. The notice shall be written in plain language and shall also include, but not be limited to, the following elements:
   1. A brief statement of this section, which shall contain the consequences of failing to remedy the noted condition;
   2. The person, office, address and telephone number of the department or person giving notice;
   3. A cost estimate for remedying the noted condition, which shall be in conformity with the standards of cost in the community; and
   4. A place wherein the notified party may return a copy of the notice, indicating the desire for a hearing.
3. 1. If the person fails or refuses to remedy the condition within ten (10) days after receiving the notice, the appropriate department or person shall immediately cause the condition to be remedied or removed at a cost in conformity with reasonable standards and the cost thereof assessed against the owner of the property. The cost shall be a lien upon the property in favor of the county. These costs shall be placed upon the tax rolls of the county as a lien upon the property and shall be collected in the same manner as the county's taxes are collected, when the county causes a notice thereof to be filed in the office of the register of deeds of the county in which the property lies, second only to liens of the state, county and municipality for taxes, any lien of the county for special assessments and any valid lien, right or interest in such property duly recorded or duly perfected by filing, prior to the filing of such notice. Such notice shall identify the owner of record of the real property, contain the property address, describe the property sufficiently to identify it and recite the amount of the obligation secured by the lien.
   2. If the person who is the owner of record is a carrier engaged in the transportation of property or is a utility transmitting communications, electricity, gas, liquids, steam, sewerage or other materials, the ten-day period provided for in subdivision (c)(1) shall be twenty (20) days, excluding Saturdays, Sundays and legal holidays.
4. 1. The county governing body or the appropriate department, or both, may make any rules and regulations necessary for the administration and enforcement of this section. The county shall provide for a hearing upon request of the person aggrieved by the determination made pursuant to subsection (b). A request for a hearing shall be made within ten (10) days following the receipt of the notice issued pursuant to subsection (b). Failure to make the request within this time shall without exception constitute a waiver of the right to a hearing.
   2. Any person aggrieved by an order or act of the board, agency or commission under this subsection (d) may seek judicial review of the order or act. The time period established in subsection (c) shall be stayed during the pendency of a hearing.
5. 1. Except in any county having a population of:

      not less than  nor more than

      5,800 6,100

      31,500 31,800

      40,200 40,500

      55,700 56,000

      77,800 78,000

      92,200 92,500

      according to the 1990 federal census or any subsequent federal census, the provisions of subsection (c) permitting a county to remedy such dangerous conditions shall not apply to any parcel of property upon which an owner-occupied residence is located.

   2. Notwithstanding subdivision (e)(1), in any county having a population of not less than sixty-nine thousand four hundred (69,400) nor more than sixty-nine thousand five hundred (69,500), according to the 2000 federal census or any subsequent federal census, the provisions of subsection (c) permitting a county to remedy such dangerous conditions shall apply to any parcel of property, including any parcel upon which an owner-occupied residence is located.
   3. This subsection (e) shall not apply to subsection (g).
   4. Notwithstanding subdivision (e)(1), in any county having a population of not less than twenty-seven thousand seven hundred (27,700) nor more than twenty-seven thousand eight hundred (27,800), according to the 2010 federal census or any subsequent federal census, subsection (c) permitting a county to remedy such dangerous conditions shall apply to any parcel of property, including any parcel upon which an owner-occupied residence is located.
   5. Notwithstanding subdivision (e)(1), in any county having a population of not less than seventy-two thousand three hundred (72,300) nor more than seventy-two thousand four hundred (72,400), according to the 2010 federal census or any subsequent federal census, subsection (c) permitting a county to remedy such dangerous conditions shall apply to any parcel of property, including any parcel upon which an owner-occupied residence is located.
   6. Notwithstanding subdivision (e)(1), in any county having a population of not less than thirty-eight thousand three hundred (38,300) and not more than thirty-eight thousand four hundred (38,400), according to the 2010 federal census or any subsequent federal census, subsection (c) permitting a county to remedy such dangerous conditions shall apply to any parcel of property, including any parcel upon which an owner-occupied residence is located.
   7. Notwithstanding subdivision (e)(1), in any county having a population of not less than fifty-seven thousand four hundred (57,400) and not more than fifty-seven thousand five hundred (57,500), according to the 2010 federal census or any subsequent federal census, subsection (c) permitting a county to remedy such dangerous conditions shall apply to any parcel of property, including any parcel upon which an owner-occupied residence is located.
6. This section is in addition and supplemental to, and not in substitution for, similar authority in any county's charter or other applicable law.
7. 1. As used in this subsection (g):
      1. “Community organization” means a community-oriented organization or group including, but not limited to, a school group, church youth group, neighborhood preservation nonprofit corporation, or community support group; and
      2. “Vacant property” means property on which no building exists or on which a building exists but any such building is no longer utilized for any business, commercial or residential purposes.
   2. If a person fails to remedy the condition on vacant property within the time period prescribed by subsection (c), subject to any stay as provided in subsection (d), upon the adoption of a resolution by a two-thirds (2/3) vote of the county legislative body of any county having a population in excess of eight hundred thousand (800,000), according to the 2000 federal census or any subsequent federal census, to implement this subsection (g) within such county, a community organization shall be entitled to petition the county to enter upon such vacant property to remedy the conditions identified in subsection (b). Upon the filing of such a petition, the county is authorized to contract with such community organization for such purposes. The contract shall provide for the manner in which the community organization shall be compensated for remedying the conditions pursuant to such contract. Any county that contracts with a community organization for such purposes shall be absolutely immune from any liability to any and all persons and for damage to the vacant property for conditions remedied by the community organization. No monetary liability and no cause of action of any nature shall arise against the county for acts of omission or commission of such community organization for conditions remedied pursuant to such contract.

Acts 1989, ch. 49, § 1; 1990, ch. 941, §§ 1, 2; 1992, ch. 997, § 1; 1994, ch. 894, §§ 1-3; 1996, ch. 613, § 1; 1999, ch. 53, § 1; 2000, ch. 791, § 1; 2003, ch. 3, § 1; 2006, ch. 530, § 1; 2010, ch. 923, §§ 1, 2; 2014, ch. 963, § 2; 2015, ch. 258, § 1; 2016, ch. 681, § 1; 2017, ch. 303, § 1; 2018, ch. 815, § 1.

Compiler's Notes. Acts 1994, ch. 894, § 4 provided that if any provision of that act, which amended this section, or its application to any person or circumstance is held invalid, then all provisions and applications of that act are invalid and void.

Acts 2000, ch. 791, § 2 provided that this act shall have no effect in any county having a population of not less than 92,200 nor more than 92,500, according to the 1990 federal census or any subsequent federal census, unless it is approved by a two-thirds vote of the legislative body of such county. The text set out above reflects the amended section by ch. 791 if approved by the two-thirds vote.

Acts 2014, ch. 963, § 5 provided that the secretary of state is authorized to promulgate rules to effectuate the purposes of the act. All such rules shall be promulgated in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.

For table of U.S. decennial populations of Tennessee counties, see Volume 13 and its supplement.

Amendments. The 2014 amendment, effective January 1, 2015, inserted “neighborhood preservation nonprofit corporation,” in (g)(1)(A).

The 2015 amendment added (e)(4).

The 2016 amendment added (e)(5).

The 2017 amendment added (e)(6).

The 2018 amendment added (e)(7).

Effective Dates. Acts 2014, ch. 963, § 6. January 1, 2015; provided that for the purpose of promulgating rules and making necessary provisions for the implementation of the act, this act shall take effect May 19, 2014.

Acts 2015, ch. 258, § 2. April 24, 2015.

Acts 2016, ch. 681, § 2. March 24, 2016.

Acts 2017, ch. 303, § 2. May 5, 2017.

Acts 2018, ch. 815, § 2. April 27, 2018.

Cross-References. Removal of vegetation and debris from certain lots, municipal power, § 6-54-113.

5-1-116. Building, safety and other standardized codes, incorporated by reference — Citations.

1. If the county legislative body or any agency or instrumentality thereof incorporates by reference a building code, safety and health code, or any other standardized code or document, a copy of such code or document shall be obtained and retained as a public record by the respective legislative body, agency or instrumentality.
2. If any person is cited by the county legislative body or any agency or instrumentality thereof as having violated a building code, safety and health code, or any other standardized code or document that has been incorporated by reference pursuant to subsection (a), a notation shall be included in such citation identifying with specificity where a copy of the respective code or document is located and the hours during which such person has the opportunity to read or inspect such code or document.

Acts 1993, ch. 478, § 1.

5-1-117. Sober ride programs.

In any county, including those having a metropolitan form of government, any department, agency, or office, working in conjunction with the sheriff's office of such county, may sponsor or participate in a “sober ride program”, which may include, but is not limited to, the provision of rides to persons who request transportation in order to avoid driving while under the influence of any intoxicant or drug.

Acts 1995, ch. 120, § 1.

5-1-118. County powers shared with municipalities.

1. Counties, by resolution of their respective legislative bodies, in addition to other powers authorized by general law or private act, may exercise the following powers granted to all or certain municipalities by the following code sections:
   1. Section 6-2-201(3)-(8), (10)-(13), (18), (19), (26) and (28);
   2. Section 6-54-103;
   3. Section 6-54-110;
   4. Section 6-54-307; and
   5. Sections 6-54-601 — 6-54-603.
2. Nothing in this part shall be construed as granting counties the power to prohibit or regulate normal agricultural activities.
3. 1. In addition to those powers granted to counties pursuant to subsection (a), any county may, by adoption of a resolution by a two-thirds (2/3) vote of their respective legislative bodies, exercise those powers granted to all or certain municipalities by § 6-2-201(22) and (23), except as provided in subsection (b) and subdivisions (c)(2) and (3). Any such regulations shall be enacted by a resolution passed by a two-thirds (2/3) vote of the county legislative body. The powers granted to counties in this subdivision (c)(1) apply only within the unincorporated areas. Nothing in this subdivision (c)(1) may be construed to allow any county to prohibit or in any way impede any municipality in exercising any power or authority the municipality may lawfully exercise. If, prior to April 17, 2002, a county has adopted a resolution by a two-thirds (2/3) vote, pursuant to previous acts enacted by the general assembly, to exercise the powers granted in accordance with this subdivision (c)(1), no further action by the legislative body of such county is necessary to continue exercising such powers.
   2. The powers granted by § 6-2-201(22) and (23) shall not apply to those activities, businesses, or uses of property and business occupations and practices that are subject to regulation pursuant to title 57, chapters 5 and 6; title 59, chapter 8; title 60, chapter 1; title 68, chapters 201-221; or title 69, chapters 3, 7, 10 and 11.
   3. All court decisions and statutory laws relating to variances and nonconforming uses applicable to zoning ordinances and land use controls shall apply to the enforcement and exercise of those powers granted pursuant to subdivision (c)(1).

Acts 1995, ch. 264, § 1; 2000, ch. 969, § 1; 2001, ch. 7, § 1; 2002, ch. 627, § 1; 2003, ch. 57, § 1.

Compiler's Notes. Acts 1995, ch. 264, § 2 provided that it is not the intent of the general assembly in enacting that act to allow any county to prohibit or in any way impede any municipality in exercising any power or authority the municipality may lawfully exercise.

Attorney General Opinions. County authority to establish rates for privately owned utility franchise, OAG 97-114, 1997 Tenn. AG LEXIS 148 (8/14/97).

Proposed private act purporting to give a single county zoning and regulatory authority over business activities and property uses that are subject to regulation by the department of environment and would be inconsistent with general laws and would constitute invalid class legislation, OAG 04-105, 2004 Tenn. AG LEXIS 123 (7/02/04).

Unless and until the legislature enacts legislation implementing a state lottery, which would include authorization for the sale of lottery tickets statewide, a local government may enact an ordinance prohibiting the sale of lottery tickets within its jurisdiction, OAG 03-004, 2003 Tenn. AG LEXIS 4 (1/17/03).

T.C.A. §§ 5-1-118(c)(1) and 5-1-120 implicitly authorize a county to regulate businesses that involve the keeping of dogs or cats and to charge a reasonable regulatory fee, OAG 06-161, 2006 Tenn. AG LEXIS 181 (10/11/06).

County government authority to regulate an electric utility, OAG 07-028 (3/12/07).

Local governments may regulate itinerant vendors and temporary sales activity that takes place along a state highway, OAG 08-188, 2008 Tenn. AG LEXIS 233 (12/16/08).

Use of county funds to support referendum to increase local option sales tax.  OAG 12-31, 2012 Tenn. AG LEXIS 31 (3/8/12).

Regulation of distribution of ephedrine and pseudoephedrine by local governments.  OAG 13-99, 2013 Tenn. AG LEXIS 102 (12/6/13).

The definition of “agriculture” in T.C. A. §§ 1-3-105(a)(2)(A) and 43-1-113(b)(1) applies  in determining the meaning of “agricultural” as used in T.C.A. § 5-1-118(b), T.C.A. § 5-1-122, and T.C.A. § 13-7-114. AG LEXIS 35 (7/26/2017).

Based on the applicable definitions of “agriculture” and “agricultural,” concentrated animal feeding operations (CAFOs) clearly involve “agricultural” activities and the “agricultural” use of land and structures. Thus, a county is not authorized to regulate CAFOs under its zoning powers or its general powers. T.C.A. § 44-18-104 merely sets forth which zoning requirements and regulations apply when determining whether a feedlot, dairy farm, or poultry production house is to be afforded absolute immunity from a nuisance claim, but it does not provide authority for a county to enact zoning requirements or regulations. T.C.A. § 13-7-114, which prevents counties from using their zoning power to regulate structures and land used for agricultural purposes, is not in conflict with T.C.A. § 44-18-104 because there is no independent source of zoning power bestowed upon any local entity under this right-to-farm law. T.C.A § 44-18-104(b) and (d) do not direct compliance with the section when no zoning requirements or regulations exist. When no zoning requirements or regulations exist, these provisions convey that a person’s compliance with the section is deemed to be established as a matter of law. OAG 18-30, 2018 Tenn. AG LEXIS 29 (7/6/2018).

5-1-119. Power to condemn property.

Counties, by resolution of their respective legislative bodies, may condemn property, real or personal, or any easement, interest, or estate or use therein, for present or future public use, either within or without the county, in accordance with the terms and provisions of title 29, chapter 16, or in any other manner provided by law, except that a county may not condemn property located outside of the county without receiving the approval of the county legislative body of the county wherein the land proposed to be taken for public use is located.

Acts 1995, ch. 264, § 1.

Compiler's Notes. Acts 1995, ch. 264, § 2 provided that it is not the intent of the general assembly in enacting that act to allow any county to prohibit or in any way impede any municipality in exercising any power or authority the municipality may lawfully exercise.

5-1-120. Power to regulate stray animals.

Counties, by resolution of their respective legislative bodies, may license and regulate dogs and cats, establish and operate shelters and other animal control facilities, and regulate, capture, impound and dispose of stray dogs, stray cats and other stray animals.

Acts 1995, ch. 264, § 1.

Compiler's Notes. Acts 1995, ch. 264, § 2 provided that it is not the intent of the general assembly in enacting that act to allow any county to prohibit or in any way impede any municipality in exercising any power or authority the municipality may lawfully exercise.

Attorney General Opinions. T.C.A. §§ 5-1-118(c)(1) and 5-1-120 implicitly authorize a county to regulate businesses that involve the keeping of dogs or cats and to charge a reasonable regulatory fee, OAG 06-161, 2006 Tenn. AG LEXIS 181 (10/11/06).

5-1-121. Enforcement of county rules.

Counties, by resolution of their respective legislative bodies, may establish a monetary penalty not to exceed five hundred dollars ($500) for each violation of a rule or regulation that the county legislative body is authorized to adopt.

Acts 1995, ch. 264, § 1.

Compiler's Notes. Acts 1995, ch. 264, § 2 provided that it is not the intent of the general assembly in enacting that act to allow any county to prohibit or in any way impede any municipality in exercising any power or authority the municipality may lawfully exercise.

Attorney General Opinions. Constitutionality of penalties imposed by county commission for resolution violation, OAG 98-0145, 1998 Tenn. AG LEXIS 145 (8/11/98).

County governments may institute and collect civil penalties up to five hundred dollars per violation for permit or zoning violations, OAG 07-028, 2007 Tenn. AG LEXIS 28 (3/12/07).

5-1-122. Exclusion of agricultural buildings.

The powers granted to counties by this part do not include the regulation of buildings used primarily for agricultural purposes; it being the intent of the general assembly that the powers granted to counties by this part should not be used to inhibit normal agricultural activities.

Acts 1995, ch. 264, § 1.

Attorney General Opinions. The definition of “agriculture” in T.C. A. §§ 1-3-105(a)(2)(A) and 43-1-113(b)(1) applies  in determining the meaning of “agricultural” as used in T.C.A. § 5-1-118(b), T.C.A. § 5-1-122, and T.C.A. § 13-7-114. AG LEXIS 35 (7/26/2017).

Based on the applicable definitions of “agriculture” and “agricultural,” concentrated animal feeding operations (CAFOs) clearly involve “agricultural” activities and the “agricultural” use of land and structures. Thus, a county is not authorized to regulate CAFOs under its zoning powers or its general powers. T.C.A. § 44-18-104 merely sets forth which zoning requirements and regulations apply when determining whether a feedlot, dairy farm, or poultry production house is to be afforded absolute immunity from a nuisance claim, but it does not provide authority for a county to enact zoning requirements or regulations. T.C.A. § 13-7-114, which prevents counties from using their zoning power to regulate structures and land used for agricultural purposes, is not in conflict with T.C.A. § 44-18-104 because there is no independent source of zoning power bestowed upon any local entity under this right-to-farm law. T.C.A § 44-18-104(b) and (d) do not direct compliance with the section when no zoning requirements or regulations exist. When no zoning requirements or regulations exist, these provisions convey that a person’s compliance with the section is deemed to be established as a matter of law. OAG 18-30, 2018 Tenn. AG LEXIS 29 (7/6/2018).

5-1-123. General sessions court empowered to enforce county rules.

The general sessions court or court exercising the powers of a general sessions court in any county has jurisdiction of matters related to §§ 5-1-118 — 5-1-123, and has the power to enforce regulations and resolutions by which counties may exercise authority under this part. In the event of a conflict between a regulation or resolution of a county made pursuant to this part and an ordinance or regulation of any municipality in the county, such conflict shall be resolved in favor of the municipality with respect to persons and property within the municipality.

Acts 1995, ch. 264, § 1.

Compiler's Notes. Acts 1995, ch. 264, § 2 provided that it is not the intent of the general assembly in enacting that act to allow any county to prohibit or in any way impede any municipality in exercising any power or authority the municipality may lawfully exercise.

5-1-124. County hospitals — Authority to enter into contracts and agreements.

Notwithstanding any other law to the contrary, any county that owns and operates a hospital is authorized to enter into any contract or agreement that any privately owned hospital operating under title 68 is authorized to enter into, including, but not limited to, agreements authorized by title 68, chapter 11, part 13, and Acts 1995, ch. 466.

Acts 1996, ch. 791, § 1.

Compiler's Notes. Acts 1995, ch. 466, referred to in this section, amended and enacted numerous sections in titles 63 and 68. See the Session Laws Disposition Table in Volume 13.

5-1-125. County officials or employees prohibited from purchasing surplus property except at public auction — Penalty.

1. It is hereby declared unlawful for any county official or employee to purchase from the county any property declared to be surplus by the county except by bid at public auction or competitive sealed bid during the tenure of such person's office or employment, or for six (6) months thereafter.
2. A purchaser who violates this section commits a Class A misdemeanor.

Acts 1998, ch. 1043, § 2; 2005, ch. 10, § 1.

Cross-References. Penalty for Class A misdemeanor, § 40-35-111.

5-1-126. Requirements prior to employment with county.

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

Acts 2000, ch. 693, § 2.

Cross-References. Requirements prior to employment with municipality, § 6-54-129.

5-1-127. Charter of incorporation to be posted on Internet.

1. No later than January 1, 2009, every municipality and county, including any county having a charter form of government or metropolitan government, shall post its charter of incorporation, as most recently revised or amended, on a web site maintained by the municipality or county or on the web site maintained by the secretary of state, if the municipality or county does not have or maintain a web site.
2. Within three (3) months following any changes or revisions to the charter, the electronic language posted on the web site shall be corrected by the municipality or county to reflect such changes or revisions. The secretary of state is not responsible for maintaining the correct language of a charter, if the charter is posted on the web site maintained by the secretary of state.

Acts 2008, ch. 808, § 1.

5-1-128. Sale of surplus property by public auction includes sale by Internet auction.

When a county, including any county having a charter or metropolitan form of government, is required by any law or its charter to sell surplus property by public auction, “public auction” includes the sale by Internet auction.

Acts 2009, ch. 173, § 3.

5-1-129. Design review commission.

1. 1. It is the intent of the general assembly that all appropriate actions should be taken to authorize the local legislative body in any county having a population of not less than one hundred sixty thousand six hundred (160,600) nor more than one hundred sixty thousand seven hundred (160,700), according to the 2010 federal census or any subsequent federal census which has county-wide zoning to protect the manner in which growth and construction of buildings are regulated in areas of historical significance to a locality, the county and the state.
   2. The county legislative body of a county to which subdivision (a)(1) applies may create a design review commission, referred to in this section as “DRC,” having the authority to develop general guidelines for the exterior appearance of and entrance to properties which are located in an area of historical significance to a locality, the county and the state. The only properties to which this section applies located in such area must be:
      1. Nonresidential property; or
      2. Multiple family residential property.
   3. The county legislative body may designate the planning commission as the design review commission.
   4. When developing the guidelines for the exterior appearance of and entrance to properties identified in subdivision (a)(2), the county legislative body or planning commission must obtain input from citizens living within the area as well as from persons who have an interest in and knowledge of preservation of historic buildings.
   5. When the county creates a separate DRC, the county mayor or county executive or metropolitan mayor shall appoint the members of the DRC from residents of the county and shall strive to ensure that the membership is representative of the county as a whole, including, if possible, members with either architectural or engineering knowledge, or any other person having experience in nonresidential building.
2. If a municipality within a county has a planning region outside of its current corporate limits, and the municipality has a DRC that has adopted guidelines, then the county's DRC shall adopt the same guidelines as the municipality for that area within the municipality's planning region insofar as such guidelines meet the requirements of subsection (a).
3. The county DRC guidelines adopted pursuant to subsection (a) shall not apply within the corporate limits of any municipality unless the municipality adopts such county's DRC guidelines.
4. This section shall not apply to any agricultural buildings in the unincorporated area of the county.
5. The county DRC guidelines adopted pursuant to subsection (a) shall be subject to approval by the county legislative body. Once approved, county building permits issued pursuant to § 13-7-110 or similar law, shall be withheld for noncompliance with DRC guidelines.
6. Any property owner affected by the guidelines or the withholding of a building permit due to noncompliance with such adopted DRC guidelines may appeal a decision of the DRC or the county building commissioner or similar official to the county board of zoning appeals created pursuant to § 13-7-106, or similar law, for a final decision.
7. Nothing in this section shall be construed to apply to “outdoor advertising” as defined in § 54-21-102.

Acts 2012, ch. 1034, § 1.

Compiler's Notes. For tables of U.S. decennial populations of Tennessee counties, see Volume 13 and its supplement.

5-1-130. Contracts and agreements of economic and community development program as public record.

1. Except as otherwise provided in this section, any contract or agreement, together with all supporting records and documentation, that obligates public funds as part of a county's economic and community development program to assist new and existing businesses and industries in locating or expanding in the county is a public record subject to title 10, chapter 7, part 5, and open for public inspection as of the date such contract or agreement is made available to members of the governing body. A governing body shall publicly disclose the proposed contract or agreement in a manner that would adequately notify and fairly inform the public of the proposed contract or agreement before voting on the proposal.
2. This section does not apply to trade secrets received or maintained by a county. All such trade secrets are confidential.
3. This section does not apply to company documents or records containing marketing information or capital plans that are provided to a county with the understanding that they are confidential. Any such document or record is confidential until such time as the provider thereof no longer requires its confidentiality.
4. As used in this section:
   1. “Capital plans” means plans, feasibility studies, and similar research and information that will contribute to the identification of future business sites and capital investments;
   2. “Marketing information” means marketing studies, marketing analyses, and similar research and information designed to identify potential customers and business relationships; and
   3. “Trade secrets” means manufacturing processes, materials used in manufacturing processes, and costs associated with the manufacturing process of a person or company submitting information to a county relating to an opportunity to contract with the county.

Acts 2017, ch. 421, § 1.

Effective Dates. Acts 2017, ch. 421, § 3. May 18, 2017.

Cross-References. Confidentiality of public records, § 10-7-504.

5-1-131. Term limits relative to persons serving without compensation.

Notwithstanding any law to the contrary, a county legislative body may adopt a resolution by a majority vote prohibiting term limits for persons appointed to boards or commissions by the county mayor if the appointee serves without compensation, not including reimbursement for travel and expenses.

Acts 2018, ch. 761, § 1.

Effective Dates. Acts 2018, ch. 761,  § 2. April 19, 2018.

5-1-132. Prohibited regulation of business of person under 18 years of age.

1. As used in this section:
   1. “Business” means any enterprise carried on for the purpose of gain or economic profit; and
   2. “Gross receipts”:
      1. Means all receipts from whatever sources derived before any deductions; and
      2. Does not include tips, gratuities, or other amounts customarily assumed to be intended for the person who has served the customer or client.
2. Notwithstanding any law to the contrary, a county shall not require a license, permit, or any other form of regulation for a business that:
   1. Is operated solely by a person or persons under eighteen (18) years of age;
   2. Is located on private property with the permission of the property owner; and
   3. Generates gross receipts of three thousand dollars ($3,000) or less in a calendar year.

Acts 2019, ch. 210, § 1.

Effective Dates. Acts 2019, ch. 210, § 3. July 1, 2019.

Part 2
Charter Form of Government

NOTES TO DECISIONS

1. Effective Date of County Alteration.

Where two civil districts are detached from one county and attached to another, but to take effect seven months after the passage of the act, the transfer is considered as effected at the passage of the act. Marion County v. Grundy County, 37 Tenn. 490, 1858 Tenn. LEXIS 45 (1858).

2. Measurement of Distances.

The rule of measurement of distance is the air line in the construction of the constitution and legislative acts. Macon & Smith Counties v. Trousdale County, 61 Tenn. 1, 1872 Tenn. LEXIS 333 (1872).

3. Consent of Voters.

The provision that no part of a county shall be taken off to form a new county, or a part thereof, without the consent of two-thirds of the qualified voters of the part taken off, means that two-thirds of all the qualified voters of such part must actually concur and affirmatively express their consent, and acquiescence will not be substituted therefor. Cocke v. Gooch, 52 Tenn. 294, 1871 Tenn. LEXIS 266 (1871).

4. Establishment of New Line.

The correctness of the action of commissioners in establishing the line between two counties, as directed by an act of the general assembly, cannot be attacked in a suit between individuals, to which the counties are not parties. Cross v. Sweeney, 77 Tenn. 689, 1882 Tenn. LEXIS 124 (1882).

5. New Line Close to Courthouse — Effect.

Where the line of a new county approaches the courthouses of an old county nearer than the constitutional limit, the new county has jurisdiction of all crimes committed within its established limits, although within the constitutional limits of the old county, so long as the old county acquiesces, or until it regains its lost territory. Speck v. State, 66 Tenn. 46, 1872 Tenn. LEXIS 448 (1872).

A statute changing the line between two counties is unconstitutional if it cuts off territory from one county that lies within 11 miles of its courthouse. Union County v. Knox County, 90 Tenn. 541, 18 S.W. 254, 1891 Tenn. LEXIS 39 (1891).

6. Powers of Courts Generally.

A new county, when it is completely organized under an act of the general assembly, becomes a political corporation, and the courts have no power to inquire into the validity of the act, and to abolish the county at the instance of individual citizens. Maury County v. Lewis County, 31 Tenn. 236, 1851 Tenn. LEXIS 52 (1851).

7. Preventing Illegal Creation of County.

Where an act, constitutional upon its face, undertakes to establish a new county, the area of which is less than that prescribed by the constitution, and the boundaries of which approach nearer to the courthouse of an old county than the constitutional limit, the organization of the new county will be enjoined by the chancery court, upon the doctrine of quia timet, at the instance of any person aggrieved by the proceedings, — in this case, two citizens of the old county within the territory proposed to be detached. Bradley v. Commissioners, etc., 21 Tenn. 428, 1841 Tenn. LEXIS 37 (1841).

The chancery court has jurisdiction to prevent the violation of the constitution and law in the creation of new counties, and to secure to old counties the constitutional territory guaranteed to them. Humphreys County v. Houston County, 63 Tenn. 593, 1874 Tenn. LEXIS 312 (1874).

8. —Restoration of Area to Old County.

Chancery court will force the boundary line back to the constitutional limit, when the line of the new county approaches closer to the courthouse of the old county than permitted. Ford v. Farmer, 28 Tenn. 152, 1848 Tenn. LEXIS 61 (1848).

Chancery court will restore area of county where its area was reduced below limit. Maury County v. Lewis County, 31 Tenn. 236, 1851 Tenn. LEXIS 52 (1851).

Where an act, upon its face, is free from the objection that it reduces the territory of an old county below the constitutional limit, if the commissioners, in designating the boundary, do not conform to the direction of the act, and attempt to take from it a portion of its territory and population, and include them within the new county, they will be restored to the old county by decree of the chancery court, and five years' acquiescence alone will not waive its rights. Maury County v. Lewis County, 31 Tenn. 236, 1851 Tenn. LEXIS 52 (1851).

Area of county will be restored where voting population has been reduced below constitutional limit. Bridgenor v. Rodgers, 41 Tenn. 259, 1860 Tenn. LEXIS 61 (1860).

The territory of a county of which it is unconstitutionally deprived will be restored to it, and it will not be estopped by mere lapse of time, in ignorance of the fact of the encroachment; but, until the filing of the bill, the revenue collected from the territory by the county to which it was thus unconstitutionally attached will not be refunded to the county from which it was so detached. Hancock County v. Hawkins County, 83 Tenn. 266, 1885 Tenn. LEXIS 48 (1885).

NOTES TO DECISIONS

1. Indebtedness of Old County.

The fractions of counties taken off to form new counties, or to be added to old counties, are liable for their pro rata of all debts of the old counties. Blount County v. Loudon County, 55 Tenn. 854, 1874 Tenn. LEXIS 12 (1874).

2. Levy and Collection of Taxes.

The county from which property is detached levies and collects taxes for previously contracted debts, as if the detachment on separation had not taken place. Blount County v. Loudon County, 55 Tenn. 854, 1874 Tenn. LEXIS 12 (1874); Matthews v. Blount County, 71 Tenn. 120, 1879 Tenn. LEXIS 45 (1879).

A bill in equity will not lie to compel the new county to levy taxes to pay its pro rata. Blount County v. Loudon County, 55 Tenn. 854, 1874 Tenn. LEXIS 12 (1874).

NOTES TO DECISIONS

1. When Order of Transfer Void.

Where the order transferring a pending suit from an old to a new county recites that “most of the complainants and defendants” reside in the new county, it is void, because the statute requires that all the parties shall reside in the new county to justify such order. Livingston v. Noe, 69 Tenn. 55, 1878 Tenn. LEXIS 42 (1878).

NOTES TO DECISIONS

1. Unconstitutional Legislation.

Under Tenn. Const., art. X, § 4, it is required that two-thirds of all the qualified voters of the county must affirmatively express their concurrence in the removal of the county seat and legislation specifying other basis is unconstitutional to that extent. Bouldin v. Lockhart, 62 Tenn. 262, 1873 Tenn. LEXIS 187 (1873); Combs v. Stumple, 79 Tenn. 26, 1883 Tenn. LEXIS 8 (1883); Lindsay v. Allen, 112 Tenn. 637, 82 S.W. 171, 1904 Tenn. LEXIS 61 (1904).

An act that provides that if it is ascertained that the people desire the removal by a concurrence of two-thirds of the qualified voters of the county, then that an election be held to ascertain the location for the county seat and that the place receiving the majority vote shall be the location, is unconstitutional. The removal and location must concur in one election, and the chancery court, at the instance of citizens and taxpayers of the county, will enjoin the holding of a popular election to ascertain the location, and further proceedings, after the election has been held and so carried. Combs v. Stumple, 79 Tenn. 26, 1883 Tenn. LEXIS 8 (1883).

2. —Injunction.

When the general assembly attempts to permit removal without the required vote, citizens and taxpayers of the county may restrain the removal. Stuart v. Bair, 67 Tenn. 141, 1874 Tenn. LEXIS 340 (1874); Lindsay v. Allen, 112 Tenn. 637, 82 S.W. 171, 1904 Tenn. LEXIS 61 (1904).

When an actual removal of the county seat has been unconstitutionally effected, it cannot be ordered returned, but, at the instance of citizens and taxpayers of the county, the chancery court will declare the order of removal void, and enjoin the commissioners from further proceedings to erect the new county seat, and the county legislative body from levying taxes or incurring further expense for this purpose. Bouldin v. Lockhart, 69 Tenn. 195, 1878 Tenn. LEXIS 66 (1878); Braden v. Stumph, 84 Tenn. 581, 1886 Tenn. LEXIS 146 (1886).

3. Removal Defined.

Removal applies to a transfer of the seat of county government from the established county seat town to some other city or town in the county and not a change of the site of the courthouse from one part of the county seat town to another part of the same town. Lawson v. Ray, 549 S.W.2d 373, 1977 Tenn. LEXIS 597 (Tenn. 1977).

NOTES TO DECISIONS

1. Impeaching Declaration.

When the order of the county legislative body declaring the result on its face shows that an arbitrary, and not the constitutional, test was applied, the order will be declared void. Bouldin v. Lockhart, 69 Tenn. 195, 1878 Tenn. LEXIS 66 (1878).

When the order declared that a certain number of votes was cast for the removal, this number was more than two-thirds of the qualified voters and two-thirds of the qualified voters concurred in the removal, the order and declaration were not conclusive, but could be impeached by proof aliunde, and reviewed by the chancery court. Braden v. Stumph, 84 Tenn. 581, 1886 Tenn. LEXIS 146 (1886).

5-5-101. Basic legislative unit — Name changes.

1. The county legislative body is established as a basic legislative unit of each county of this state; provided, that this subsection (a) shall not apply to counties that have already adopted the metropolitan form of government.
2. Effective September 1, 1978, except in any county organized under the consolidated government provisions of the Constitution of Tennessee, article XI, § 9, the quarterly county court, county council and any other forms of county legislative bodies are abolished and all legislative powers that remained with such court, council and other forms of legislative bodies are hereby vested in the county legislative body. The county legislative body is further vested with all legislative powers and duties vested in justices of the peace prior to May 11, 1978.
3. References to the quarterly county court, county council or other county legislative body appearing elsewhere in this code shall be deemed references to the county legislative body.
4. References to the magistrates, justices of the peace, members or membership of such court, council or body appearing elsewhere in this code shall be deemed references to the members of the county legislative body.

Code 1858, §§ 4179, 4180, 4186 (deriv. Acts 1794, ch. 1, § 44; 1835-1836, ch. 6, § 1; 1837-1838, ch. 135, § 1); Acts 1875, ch. 70, §§ 1-3; integrated in Shan., § 5992; Code 1932, § 10193; Acts 1967, ch. 235, § 1; T.C.A. § 5-528; Acts 1978, ch. 934, §§ 7, 9; 1979, ch. 69, § 1; T.C.A. (orig. ed.), § 5-501.

Cross-References. County government, Tenn. Const., art. VII, § 1.

Textbooks. Tennessee Jurisprudence, 8 Tenn. Juris., Counties, § 11.

Law Reviews.

General Sessions Courts: Origin and Recent Legislation (Paul M. Bryan and Isadore B. Baer), 24 Tenn. L. Rev. 667 (1957).

Attorney General Opinions. County commission meetings:  quorum and majority vote requirements; requirements as to particular type of space or facility for meetings.  OAG  12-109, 2012 Tenn. AG LEXIS 113 (12/14/12).

Where county commission has hired an employee in the valid exercise of its authority, a county mayor may not unilaterally terminate that employee unless expressly authorized.  Nor may a county mayor defund or abolish an entire county department without the approval of the county commission.  OAG 14-28, 2014 Tenn. AG LEXIS 29 (3/7/14).

Members of a county legislative body can establish partisan caucuses for the purpose of outlining and meeting party objectives and goals but meetings of a partisan caucus of a county legislative body may be subject to the Open Meetings Act. OAG 14-96, 2014 Tenn. AG LEXIS 99 (10/30/14).

Collateral References.

Liability of municipality or other governmental unit for failure to provide police protection. 90 A.L.R.5th 273.

5-5-102. Membership.

1. 1. The county legislative body shall be composed of not less than nine (9) nor more than twenty-five (25) members.
   2. There shall be at least nine (9) districts in the county legislative body in any county designated as a Class 2 county before January 1, 1999, as established by § 8-24-101.
2. Members shall reside within and be qualified voters of the districts that they represent.
3. 1. Notwithstanding any provision of the law to the contrary, any county employee, otherwise qualified to serve as a member of the county legislative body, shall not be disqualified from such legislative office by reason of being a county employee.
   2. No person elected or appointed to fill the office of county mayor, sheriff, trustee, register, county clerk, assessor of property, or any other county-wide office filled by vote of the people or the county legislative body, shall also be nominated for or elected to membership in the county legislative body. After June 18, 2005, a director of schools shall not be qualified to serve as a member of the county legislative body.
   3. [Deleted by 2016 amendment.]
4. No more than three (3) members shall be elected from any one (1) district.
5. 1. Members shall serve terms of four (4) years or until their successors are elected and qualified.
   2. Members of the county legislative body shall be elected in the regular August election in 1978 and every four (4) years thereafter.
6. The members of the county legislative body shall be known individually as county commissioners and collectively as the board of county commissioners.
7. The term of office for members of the county legislative body shall begin on September 1 next succeeding their election.
8. 1. The county legislative body shall have discretionary authority to determine whether each office in multi-member districts will be separately designated on the ballot, with candidates required to run and to be elected on the basis of such separately designated offices within the district.
   2. No candidate shall qualify for more than one (1) such separately designated office within a multi-member district.
   3. In any county designated as a Class 2 county before January 1, 1999, as established by § 8-24-101, each office in multi-member districts shall be separately designated on the ballot, and candidates shall run and be elected on the basis of such separately designated offices within the district.
9. If a vacancy shall occur in the office of a member of the county legislative body, the vacancy shall be filled as provided for in § 5-1-104(b).

Acts 1978, ch. 934, §§ 8, 10; 1979, ch. 175, § 1; T.C.A., § 5-502; Acts 1980, ch. 658, § 1; 1980, ch. 785, § 1; 1981, ch. 143, § 1; 1981, ch. 219, § 1; 1981, ch. 293, § 1; 1981, ch. 318, § 2; 1986, ch. 765, §§ 1-3; 2001, ch. 86, §§ 1, 2; 2003, ch. 90, § 2; 2005, ch. 471, § 1; 2008, ch. 871, § 2; 2016, ch. 1072, § 1.

Compiler's Notes. Acts 2003, ch. 90, § 2, directed the code commission to change all references from “county executive” to “county mayor” and to include all such changes in supplements and replacement volumes for the Tennessee Code Annotated.

Acts 2005, ch. 471, § 2 provided that nothing in that act shall be construed as having the effect of removing any incumbent from office or abridging the term of any official prior to the end of the term for which such official was elected.

Acts 2005, ch. 471, § 3 provided that the provisions of that act shall not apply to any person who is, on June 18, 2005, serving as both a director of schools and a member of the county legislative body.

Amendments. The 2016 amendment deleted former (c)(3) which read: “(3)(A) Any member of a local governing body of a county or a municipality who is also an employee of such county or municipality may vote on matters in which such member has a conflict of interest if the member informs the governing body immediately prior to the vote as follows:“Because I am an employee of (name of governmental unit), I have a conflict of interest in the proposal about to be voted. However, I declare that my argument and my vote answer only to my conscience and to my obligation to my constituents and the citizens this body represents.“(B) In the event a member of a local governing body of a county or a municipality has a conflict of interest in a matter to be voted upon by the body, such member may abstain for cause by announcing such to the presiding officer. Any member of a local governing body of a county or municipality who abstains from voting for cause on any issue coming to a vote before the body shall not be counted for the purpose of determining a majority vote.“(C) The vote of any person having a conflict of interest who does not inform the governing body of such conflict as provided in subdivision (c)(3)(A) shall be void if challenged in a timely manner. As used in this section, “timely manner” means during the same meeting at which the vote was cast and prior to the transaction of any further business by the body.“(D) Nothing in this subdivision (c)(3) shall be construed as altering, amending or otherwise affecting § 12-4-101(a). In the event of any conflict between this subdivision (c)(3) and § 12-4-101(a), § 12-4-101(a) shall prevail.”

Effective Dates. Acts 2016, ch. 1072, § 6. May 20, 2016.

Cross-References. Composition of county legislative body, Tenn. Const., art. VII, § 1.

Filling of vacancies in county offices, Tenn. Const., art. VII, § 2.

Option to redesignate county mayor as county executive by private act, § 5-6-101.

Textbooks. Tennessee Jurisprudence, 8 Tenn. Juris., Counties, § 11.

Attorney General Opinions. County or school board employee serving on county legislative body, OAG 98-0112, 1998 Tenn. AG LEXIS 112 (6/16/98).

Service as director of schools and county commission member in same county, OAG 99-195, 1999 Tenn. AG LEXIS 203 (9/28/99).

Members of a county legislative body should be deemed “public officers” of the county, rather than mere “employees” of the county, OAG 00-153, 2000 Tenn. AG LEXIS 155 (10/9/00).

A county commission may impose a limit on the number of one-year terms a member may serve as chair, OAG 00-174, 2000 Tenn. AG LEXIS 177 (11/20/00).

A county commissioner can be an employee of the county highway commission, so long as the commissioner observes the voting rules set out in T.C.A. § 12-4-101(c), OAG 01-084, 2001 Tenn. AG LEXIS 75 (5/23/01).

A county commissioner is probably not prohibited from also being a member of the county highway commission because that office is not elected by a county-wide vote, OAG 01-084, 2001 Tenn. AG LEXIS 75 (5/23/01).

A person can simultaneously be a state employee, a member of the Democratic Party Executive Board, and a member of the school board, OAG 01-144, 2001 Tenn. AG LEXIS 151 (9/4/01).

Filling of vacancies in county offices, OAG 07-022, 2007 Tenn. AG LEXIS 22 (2/27/07).

Constitutionality of private act requiring nonpartisan elections for county mayor and members of the county legislative body, OAG 08-191, 2008 Tenn. AG LEXIS 236 (12/29/08).

Conflict of interest of county commissioner also employed or formerly employed by a county department.  OAG 11-50, 2011 Tenn. AG LEXIS 52 (6/16/11).

Ability of county commissioner to serve as clerk and master for the chancery court in the same county; ability to also engage in private practice of law.  OAG 14-23, 2014 Tenn. AG LEXIS 24 (2/26/14).

5-5-103. Officers.

1. In counties electing a county mayor as provided in § 5-6-102(1) and (2), there shall be a chair and chair pro tempore.
2. 1. The legislative body, at its first session on or after September 1 of each year, shall elect from its membership a chair and a chair pro tempore; provided, that the county legislative body may elect the county mayor to be its chair; provided further, that such election shall confer no additional powers or authority to the chair so elected other than as presiding officer that are not otherwise provided by law.
   2. If any county commission elects as its chair the county mayor, and such county mayor accepts the position of chair of the county commission, then the county mayor shall relinquish the county mayor's veto power, as provided in § 5-6-107, for so long as the county mayor remains chair of the county commission.
   3. In counties having a population of not less than eight thousand four hundred (8,400) nor more than eight thousand five hundred (8,500), according to the 1970 or any subsequent federal census, having a county administrator who was empowered by private act prior to September 1, 1978, to preside over the county legislative body, such county administrator shall continue to preside as chair, notwithstanding this chapter and chapter 6 of this title, nor shall the county administrator have the power of veto over legislation passed by the county legislative body, this chapter and chapters 1 and 6 of this title notwithstanding.
   4. This subsection (b) does not apply to:
      1. Counties with a population between two hundred fifty thousand (250,000) and three hundred thousand (300,000);
      2. 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; or
      3. Counties with a population in excess of six hundred thousand (600,000) by the 1970 federal census.
3. The chair of the legislative body shall preside over the sessions of the legislative body.
4. When the regular chair is unable or fails to attend the meetings of the legislative body, the regular chair shall notify the chair pro tempore, and the chair pro tempore shall attend, discharge the duties of the office, and be vested with all the powers of the regular chair while engaged therein.
5. The compensation of the chair and chair pro tempore shall be fixed by the legislative body, but such compensation, if fixed on a per diem basis, shall not be less than the amount fixed for the members of the legislative body; provided further, that the compensation of the chair pro tempore shall not exceed the compensation allowed the chair for like services.
6. In the absence of the chair and the regular chair pro tempore, the county legislative body may appoint, temporarily, a chair pro tempore to preside over the meeting who is vested with all the powers, for this purpose and for the time being, of the regular chair, or regular chair pro tempore.
7. In the event the county mayor is absent or intends to be absent for more than twenty-one (21) days, or is incapacitated or otherwise unable to perform the duties of the county mayor's office, the county legislative body shall appoint the chair to serve until the absence or disability is removed. Any contest of disability or its removal shall be adjudicated in the chancery court of such county. While the chair is serving as county mayor, the chair pro tempore shall preside over sessions of the legislative body.
8. The chair of the county legislative body may designate, from time to time, another member of the county legislative body to sit in the chair's place on any board, authority or commission that the chair serves upon by virtue of holding the office of chair of the county legislative body. Any such designee shall have such powers, including the power to vote, as are otherwise conferred upon the chair of the county legislative body when serving upon such board, authority or commission. At any such meeting attended by the chair of the county legislative body, only the chair of the county legislative body shall exercise voting power.
9. 1. If the office of the county mayor should become vacant pursuant to § 8-48-101, the chair, or if the county mayor served as the chair, the chair pro tempore shall serve as interim county mayor until the vacancy is filled pursuant to § 5-1-104. The interim county mayor shall have the same powers, duties and bond as provided by chapter 6 of this title.
   2. This subsection (i) shall not apply if the method of filling the vacancy in the office of the county mayor is established by a metropolitan charter or a private act.

Acts 1978, ch. 934, § 11; 1979, ch. 54, § 1; T.C.A., § 5-503; Acts 1981, ch. 384, §§ 1-3; 1985, ch. 163, § 1; 1996, ch. 831, § 1; 2003, ch. 90, § 2.

Compiler's Notes. Acts 2003, ch. 90, § 2, directed the code commission to change all references from “county executive” to “county mayor” and to include all such changes in supplements and replacement volumes for the Tennessee Code Annotated.

For table of U.S. decennial populations of Tennessee counties, see Volume 13 and its supplement.

Cross-References. Option to redesignate county mayor as county executive by private act, § 5-6-101.

Attorney General Opinions. A county commission may impose a limit on the number of one-year terms a member may serve as chair, OAG 00-174, 2000 Tenn. AG LEXIS 177 (11/20/00).

Status of interim county mayor as member of county commission.  OAG 11-2, 2011 Tenn. AG LEXIS 2 (1/7/11).

Lewis County highway advisory commission.  OAG 12-74, 2012 Tenn. AG LEXIS 79 (7/19/12).

5-5-104. Regular meetings.

1. Regular meetings of each county legislative body shall be held at the time, day and place set by resolution of each legislative body.
2. There shall be at least four (4) regular meetings of the county legislative body each year.
3. Special meetings of the county legislative body may be called by the county mayor or by petition of a majority of the members of the county legislative body in accordance with § 5-5-105.
4. No business shall be transacted, or any appointment made, or nominations confirmed, except in public session.
5. This section shall not apply to any Class 1 county established by § 8-24-101, that has by private act adopted regular meetings of its legislative body and procedures for calling special meetings of such body.

Code 1858, § 4181 (deriv. Acts 1837-1838, ch. 135, § 1); Shan., § 5993; mod. Code 1932, § 10194; Acts 1951, ch. 266, § 1; 1965, ch. 50, § 1; 1967, ch. 91, § 1; T.C.A. (orig. ed.), § 5-502; Acts 1978, ch. 934, § 12; T.C.A. (orig. ed.), § 5-504; Acts 2003, ch. 90, § 2.

Compiler's Notes. Acts 2003, ch. 90, § 2, directed the code commission to change all references from “county executive” to “county mayor” and to include all such changes in supplements and replacement volumes for the Tennessee Code Annotated.

Cross-References. Option to redesignate county mayor as county executive by private act, § 5-6-101.

Textbooks. Tennessee Jurisprudence, 8 Tenn. Juris., Counties, § 11.

Attorney General Opinions. County commission meetings:  quorum and majority vote requirements; requirements as to particular type of space or facility for meetings.  OAG  12-109, 2012 Tenn. AG LEXIS 113 (12/14/12).

5-5-105. Special meetings.

1. 1. The county mayor has the power to convene the legislative body in special session when, in the county mayor's opinion, the public necessities require it.
   2. Upon written application to the chair of the legislative body by the county mayor or by a majority of the members of such body, then in that instance, it shall be mandatory for the chair to call a special session of such body.
   3. The convening date of such body shall not be more than fifteen (15) days nor less than forty-eight (48) hours from the time of the filing of such application with the chair.
   4. This subsection (a) shall not apply to counties of Class 1 as established by § 8-24-101.
2. 1. The county mayor shall be authorized to call a special session of the county legislative body for emergency purposes only by publication in a newspaper published in the county, and by personal notification to the members of the county legislative body at least two (2) days before the time of the convening of the county legislative body, in any county that authorizes its county mayor to act in accordance with this subsection (b), by a two-thirds (2/3) vote of the county legislative body.
   2. The call or notice shall specify the objects and purposes for which such special session is called, and no other business but that embraced in such call shall be transacted during such special session.
   3. This subsection (b) shall apply only to any county having a population not less than two hundred eighty-seven thousand seven hundred (287,700) and not greater than two hundred eighty-seven thousand eight hundred (287,800), according to the 1980 federal census or any subsequent census.
3. 1. The call shall be made by publication in some newspaper published in the county, or by personal notices sent by the county clerk, at least five (5) days before the time of the convening of the county legislative body, which call or notice shall specify the objects and purposes for which the special session is called, and no other business but that embraced in the call shall be transacted during the sitting of the special term.
   2. In the event no newspaper is published in the county, the notice shall be by personal service upon all the members of the county legislative body, such service to contain the purpose for which the body is convened, and to be at least five (5) days before the time for convening.

Acts 1889, ch. 257, § 1-3; Shan., §§ 5997-5999; Code 1932, §§ 10195-10197; Acts 1957, ch. 16, § 1; T.C.A. (orig. ed.), §§ 5-503, 5-504; Acts 1978, ch. 934, §§ 13, 15; impl. am. Acts 1978, ch. 934, §§ 22, 36; Acts 1979, ch. 11, § 1; T.C.A. (orig. ed.), § 5-505; Acts 1983, ch. 241, §§ 1-3; 2003, ch. 90, § 2.

Compiler's Notes. Acts 2003, ch. 90, § 2, directed the code commission to change all references from “county executive” to “county mayor” and to include all such changes in supplements and replacement volumes for the Tennessee Code Annotated.

For table of U.S. decennial populations of Tennessee counties, see Volume 13 and its supplement.

Cross-References. Option to redesignate county mayor as county executive by private act, § 5-6-101.

Textbooks. Tennessee Jurisprudence, 19 Tenn. Juris., Municipal, State and County Securities, § 10.

5-5-106. Attendance at meetings.

Every member of the county legislative body shall be required to attend each and every session of the body, and allowed to vote and draw pay for attendance.

Acts 1887, ch. 236, § 1; Shan., § 6000; Code 1932, § 10198; Acts 1978, ch. 934, § 15; T.C.A. (orig. ed.), § 5-506.

5-5-107. Compensation of members.

1. The several county legislative bodies are authorized to fix the compensation of their membership in attending sessions of the county legislative body and duly authorized committees thereof.
2. 1. The counties are hereby classified in accordance with § 8-24-101, and the compensation fixed by the county legislative body for attending sessions of the body shall in no case be less than the applicable amount as follows:

      Counties of the third class  $35/day

      Counties of the fourth class  $30/day

      Counties of the fifth class  $25/day

      Counties of the sixth class  $20/day

      Counties of the seventh class  $20/day

      Counties of the eighth class  $20/day

   2. Upon adoption of a resolution by a two-thirds (2/3) vote of its membership, the county legislative body of any county having a population of not less than two hundred eighty-five thousand (285,000) nor more than two hundred eighty-six thousand (286,000), according to the 1990 federal census or any subsequent federal census, shall fix the salary of the members of the county legislative body by June 30, 1999, to become effective July 1, 1999. On July 1, 2000, and each July 1 thereafter, the compensation for members of the county legislative body shall be adjusted to reflect the same percentage increase the county mayor of such county is to receive.
3. A county may adopt a resolution to pay members of the legislative body:
   1. An amount greater than the minimum daily compensation for attendance at meetings of the body as provided in subdivision (b)(1), or at committee meetings for which the member is an appointed member;
   2. A base salary; or
   3. A base salary and an amount greater than or equal to the minimum daily compensation for attendance at meetings of the body as provided in subdivision (b)(1), or at committee meetings for which the member is an appointed member. Notwithstanding subsection (d), a county opting to pay members under this subdivision (c)(3) may set the compensation rate for attendance at committee meetings of the legislative body.
4. The compensation fixed by the county legislative body for attending duly authorized committee meetings of such body shall be one half (½) of the compensation paid for attending regular sessions of the body.
5. Any increase in compensation for members of the county legislative body does not take effect until the beginning of the term following the next election of county commissioners after the resolution increasing the compensation is adopted.

Acts 1974, ch. 736, § 1; 1978, ch. 934, § 15; T.C.A., § 5-507; Acts 1980, ch. 687, § 1; 1990, ch. 1001, § 1; 1991, ch. 422, §§ 1, 2; 1993, ch. 121, § 1; 1999, ch. 174, § 1; 2003, ch. 90, § 2; 2020, ch. 536, §§ 1, 2.

Compiler's Notes. Acts 2003, ch. 90, § 2, directed the code commission to change all references from “county executive” to “county mayor” and to include all such changes in supplements and replacement volumes for the Tennessee Code Annotated.

For table of U.S. decennial populations of Tennessee counties, see Volume 13 and its supplement.

Amendments. The 2020 amendment rewrote (c), which read: “The amount provided in this section, or a greater amount provided by resolution duly adopted by the county legislative body, shall be paid to the members for each day's attendance at meetings of the body or any duly authorized committee thereof, or a greater amount provided by resolution duly adopted by the county legislative body as a stated salary per month.”; and added (e).

Effective Dates. Acts 2020, ch. 536, § 3. March 19, 2020.

Cross-References. Option to redesignate county mayor as county executive by private act, § 5-6-101.

Textbooks. Tennessee Jurisprudence, 8 Tenn. Juris., Counties, § 11.

Law Reviews.

The Tennessee Court System — The County Court, 8 Mem. St. U.L. Rev. 419 (1978).

Attorney General Opinions. A county legislative body has the option of compensating its members either in the form of a so-called “per diem” payment for each day's attendance at regular and committee meetings or in the form of a stated salary per month, OAG 00-153, 2000 Tenn. AG LEXIS 155 (10/9/00).

County commission may raise or lower the compensation of its members during the present term, as long as they maintain the statutory minimum and are not covered by the population restrictions of subdivision (b)(2) of this section, OAG 04-015, 2004 Tenn. AG LEXIS 15 (2/05/04).

Member of a county legislative body may not accept an amount less than that set by the majority of the body, OAG 04-015, 2004 Tenn. AG LEXIS 15 (2/05/04).

This section authorizes only uniform compensation for all members, OAG 05-004, 2005 Tenn. AG LEXIS 4 (1/05/05).

5-5-108. Quorum.

A majority of the members of the county legislative body of each county shall constitute a quorum for the transaction of all business by the bodies in regular or special sessions.

Acts 1887, ch. 236, § 2; Shan., § 6001; Code 1932, § 10199; Acts 1935, ch. 10, § 1; C. Supp. 1950, § 10199; Acts 1978, ch. 934, § 15; T.C.A. (orig. ed.), § 5-508.

Attorney General Opinions. County commission meetings:  quorum and majority vote requirements; requirements as to particular type of space or facility for meetings.  OAG  12-109, 2012 Tenn. AG LEXIS 113 (12/14/12).

5-5-109. Voting.

1. A majority of all the members constituting the county legislative body, and not merely a majority of the quorum, shall be required to:
   1. Elect county officials required by law to be elected by the body;
   2. Fix salaries;
   3. Appropriate money; and
   4. Transact all other business coming before the county legislative body in regular or special sessions.
2. 1. If the members of the county legislative body are equally divided upon any question coming before them upon which they may lawfully act, then and only then, a county mayor serving as chair may cast a deciding vote.
   2. If the person serving as chair of the county legislative body is a regular member of the county legislative body, such person may not break a tie vote in the capacity of chair, but may cast a vote in the first instance as a regular member of the body.

Code 1858, § 4190 (deriv. Acts 1835-1836, ch. 6, § 2); Acts 1875, ch. 63, § 2; integrated in Shan., § 6019; Code 1932, § 10218; Acts 1935, ch. 10, § 2; C. Supp. 1950, § 10218; Acts 1973, ch. 26, §§ 1, 2; 1978, ch. 934, § 15; modified; T.C.A. (orig. ed.), § 5-509; Acts 1983, ch. 138, § 1; 2003, ch. 90, § 2.

Compiler's Notes. Acts 2003, ch. 90, § 2, directed the code commission to change all references from “county executive” to “county mayor” and to include all such changes in supplements and replacement volumes for the Tennessee Code Annotated.

Cross-References. Option to redesignate county mayor as county executive by private act, § 5-6-101.

Textbooks. Tennessee Jurisprudence, 8 Tenn. Juris., Counties, § 11.

Law Reviews.

Selected Tennessee Legislation of 1983 (N. L. Resener, J. A. Whitson, K. J. Miller), 50 Tenn. L. Rev. 785 (1983).

Attorney General Opinions. T.C.A. § 5-5-109, which provides methods for presenting business to a county legislative body, T.C.A. § 5-5-110, does not conflict with which requires a majority vote of all members of the county legislative body to transact business, OAG 03-001, 2003 Tenn. AG LEXIS 1 (1/03/03).

5-5-110. Business presented by chair.

1. All business for the action of the county legislative body shall be presented to the chair, who shall announce the same to the county legislative body and take the vote thereon.
2. No business shall be acted on by the body unless presented as required in subsection (a), except by the consent of a majority of the members present.

Code 1858, § 4188 (deriv. Acts 1847-1848, ch. 106, § 1); Shan., § 6012; Code 1932, § 10211; Acts 1978, ch. 934, § 15; T.C.A. (orig. ed.), § 5-510.

Attorney General Opinions. T.C.A. § 5-5-110, which provides methods for presenting business to a county legislative body, does not conflict with T.C.A. § 5-5-109, which requires a majority vote of all members of the county legislative body to transact business, OAG 03-001, 2003 Tenn. AG LEXIS 1 (1/03/03).

5-5-111. Filling vacancies — Notice to legislative body — Notice to public — Nominations — Appointment by vote of legislative body — Challenge of appointment — Deadline — Applicability of provisions.

1. 1. Whenever an office is required to be filled, or a vacancy occurs in any office required to be filled, by the county legislative body, the county clerk shall provide notice to every member of the county legislative body of the need to fill the office or vacancy. If the office of county clerk is vacant, the notice shall be provided by the county clerk's deputy. If, in addition, there is no deputy county clerk, notice shall be provided by the acting chair of the county legislative body. In accordance with § 8-48-108, the formal notice to members required by this subdivision (a)(1) is directory and may be waived by the members of the county legislative body if all members have constructive notice of the vacancy or opening through other sources of information.
   2. In addition to the notice provided for in subdivision (a)(1), the presiding officer of the county legislative body shall cause public notice to be given in a newspaper of general circulation in the county at least seven (7) days prior to the meeting of the body at which the office is to be filled, notifying the public of the vacancy or opening and specifying the office or offices to be filled at the meeting.
2. Before the county legislative body votes or considers any motion or resolution regarding the office to be filled, the chair shall allow registered voters of the county an opportunity to submit names to the county legislative body for consideration. The names may be submitted in writing to the chair prior to the meeting or may be submitted in person at the meeting. In order for a name to be considered, a member of the county legislative body must subsequently nominate the person. Members of the county legislative body may also nominate a candidate or candidates to fill the office or vacancy without the name being submitted by a voter. Nominations do not require a second. If the person nominated is not present at the meeting, the person making the nomination shall submit a signed statement from the nominee that the nominee is willing to serve in the office if appointed.
3. Should a member of the county legislative body accept a nomination for an office or vacancy that is required by the Constitution of Tennessee to be filled by the county legislative body, the member shall be prohibited from voting on the appointment or any motions or resolutions relative to making the appointment until the office or vacancy is filled. For the purposes of determining a majority, the membership of the county legislative body shall be reduced to reflect any member or members prohibited from voting on the appointment. If a member of the county legislative body is subsequently appointed to fill the office or vacancy, the member shall immediately resign from the county legislative body upon accepting the appointment. If the member does not receive the appointment, the member shall not be required to resign and may continue the member's duties on the county legislative body upon the conclusion of the vote on the appointment.
4. After nominations cease, the county legislative body may discuss the nominations and may, at the discretion of the chair, interview nominees or allow nominees the opportunity to address the county legislative body. Upon motion passed by the majority of the members, the vote to make the appointment may be postponed to a subsequent meeting; provided, that adequate public notice of the meeting is given in accordance with title 8, chapter 44.
5. To receive an appointment, a nominee must receive the votes of a majority of the members of the county legislative body eligible to vote on the appointment. The county legislative body shall adopt rules of procedure for eliminating nominees in cases where there are multiple nominees for an appointment and no nominee receives a majority of the votes after the initial vote. No secret balloting shall be permitted. Each member's vote regarding the appointment process shall be recorded by the clerk and entered on the minutes of the county legislative body. A tie vote of the county legislative body regarding an appointment may be broken in the same manner that other tie votes of the body may be broken.
6. Any complaint challenging the legality of an appointment made by the county legislative body shall be filed with the chancery court of the county within ten (10) days of the date of the appointment.
7. When filling a vacancy in offices required to be filled by the county legislative body, the county legislative body shall fill the vacancy in accordance with the deadline provided in § 5-1-104.
8. 1. This section shall not apply to any county that has a metropolitan form of government and a population in excess of five hundred thousand (500,000), according to the 2000 federal census or any subsequent federal census.
   2. This section shall not apply to any county having a population of not less than eight hundred ninety-seven thousand four hundred (897,400) nor more than eight hundred ninety-seven thousand five hundred (897,500), according to the 2000 federal census or any subsequent federal census.

Code 1858, § 817; Shan., § 1144; mod. Code 1932, § 1904; modified; Acts 1978, ch. 934, §§ 15, 24; 1979, ch. 16, § 1; T.C.A. (orig. ed.), § 5-512; Acts 2008, ch. 871, § 3; 2009, ch. 14, §§ 1, 2.

Compiler's Notes.  For tables of U.S. decennial populations of Tennessee counties, see Volume 13 and its supplement.

Acts 2009, ch. 14, § 3 provided that the amendments to § 5-5-111(b) and (c) and Acts 2008, ch. 871, which rewrote § 5-5-111, shall not be interpreted to require a member of a county legislative body to resign from the county legislative body after accepting an appointment if the member could have legally accepted the appointment prior to May 6, 2008, without resigning. Any action taken by any board, commission or committee on or after May 6, 2008, shall not be invalidated due to any other interpretation of Acts 2008, ch. 871.

Cross-References. Filling of vacancies in county offices, Tenn. Const., art. VII, § 2.

Textbooks. Tennessee Jurisprudence, 2 Tenn. Juris., Appeal and Error, § 232; 8 Tenn. Juris., Counties, § 13.

Attorney General Opinions. Status of interim county mayor as member of county commission.  OAG 11-2, 2011 Tenn. AG LEXIS 2 (1/7/11).

County commission meetings:  quorum and majority vote requirements; requirements as to particular type of space or facility for meetings.  OAG  12-109, 2012 Tenn. AG LEXIS 113 (12/14/12).

5-5-112. Voting prohibited if conflict of interest — Opting out of section by resolution.

1. No member of the legislative body of a county who is also an employee of the same county or whose spouse is an employee of the same county may vote on matters in which such member has a conflict of interest. A conflict of interest is created under this section when a member is voting on a matter which, if approved by the legislative body, would increase the pay or benefits of that member or that member's spouse. The vote of any member having a conflict of interest shall be void if challenged in a timely manner. As used in this subsection (a), “timely manner” means during the same meeting at which the vote was cast and prior to the transaction of any further business by the body.
2. Subsection (a) shall not prohibit a member of a local governing body of a county from voting on the budget, appropriation resolution, or tax rate resolution, or amendments thereto, unless the vote is on a specific amendment to the budget or a specific appropriation or resolution in which the member has a conflict of interest.
3. Any member of a local governing body of a county who abstains from voting for cause on any issue coming to a vote before the body shall not be counted for the purpose of determining a majority vote. This subsection (c) shall not apply to any county having a metropolitan form of government and having a population in excess of five hundred thousand (500,000), according to the 1990 federal census or any subsequent federal census.
4. Nothing in this section alters, amends, or otherwise affects § 12-4-101(a). In the event of any conflict between this section and § 12-4-101(a), § 12-4-101(a) shall prevail.
5. The legislative body of any metropolitan form of government or charter form of government may opt out of this section by resolution.

Acts 2016, ch. 1072, § 2.

Compiler's Notes. Former § 5-5-112 (Code 1858, § 4194 (deriv. Acts 1841-1842, ch. 101, §§ 1, 2); Shan., § 6014; Code 1932, § 10213; Acts 1978, ch. 934, § 15; T.C.A. (orig. ed.), § 5-514), concerning the timing of elections for county officers, was repealed by Acts 2008, ch. 871, § 4, effective May 6, 2008.

For U.S. decennial populations of Tennessee counties, see Volume 13 and its supplement.

Effective Dates. Acts 2016, ch. 1072, § 6. May 20, 2016.

5-5-113. Required orientation training for members of county legislative bodies.

1. Each member of a county legislative body shall:
   1. No later than one hundred twenty (120) days after election or appointment, complete orientation training provided by the University of Tennessee's county technical assistance service (CTAS). This subdivision (a)(1) applies only to members newly elected or appointed on or after April 12, 2018; and
   2. Complete at least seven (7) hours of continuing education training provided or approved by CTAS annually. The period for compliance under this subdivision (a)(2) begins on September 1, 2018. This subdivision (a)(2) does not apply to:
      1. A person appointed to fill a vacancy on a county legislative body until September 1 after the person's appointment;
      2. An incumbent in office on April 12, 2018, until the incumbent is separated from office for any reason and is subsequently elected or appointed to serve as a member of a county legislative body; and
      3. Any commissioner after eight (8) years of service.
2. CTAS may provide the training required under subsection (a) in person or by any other means available.
3. The comptroller of the treasury shall, at least annually, post on its website the name of each member of a legislative body and the hours of training required and completed for each member in compliance with subsection (a).

Acts 2018, ch. 718, § 1.

Compiler's Notes. Former § 5-5-113 (Acts 1875, ch. 63, § 3; impl. am. Acts 1887, ch. 236, § 2; Shan., § 6003; Code 1932, § 10201; impl. am. Acts 1935, ch. 10, § 1; C. Supp. 1950, § 10201; Acts 1978, ch. 934, § 15; impl. am. Acts 1978, ch. 934, §§ 22, 36; T.C.A. (orig. ed.), § 5-515), concerning notice to the county legislative body for election of county officers, was repealed by Acts 2008, ch. 871, § 4, effective May 6, 2008.

Effective Dates. Acts 2018, ch. 718, § 2. April 12, 2018.

5-5-114. Resolution or ordinance prohibiting or restricting display of flag prohibited — Resolution or ordinance regulating manner or placement of flag.

1. Except as provided in subsection (b), a county legislative body shall not adopt or enforce a resolution or ordinance that prohibits or restricts, or has the effect of prohibiting or restricting, a property owner from displaying a flag of the United States of America, a flag of the state of Tennessee, the MIA/POW flag, or an official or replica flag of any branch of the United States armed forces on the property owner's property.
2. A county legislative body may adopt and enforce a resolution or ordinance that reasonably regulates the manner and placement of the display of a flag of the United States of America, a flag of the state of Tennessee, the MIA/POW flag, or an official or replica flag of any branch of the United States armed forces only when necessary to promote public health and safety.

Acts 2018, ch. 857, § 1.

Compiler's Notes. Former § 5-5-114 (Code 1858, § 821 (deriv. Acts 1796 (July), ch. 3, § 2); Shan., § 1149; mod. Code 1932, § 1910; mod. C. Supp. 1950, § 1910; Acts 1978, ch. 934, § 15; T.C.A. (orig. ed.), § 5-516), concerning notice to the public for election of county officers, was repealed by Acts 2008, ch. 871, § 4, effective May 6, 2008.

For the Preamble to the act concerning local government restrictions on flag displays, please see Acts 2018, ch. 857.

Effective Dates. Acts 2018, ch. 857, § 3. May 3, 2018.

5-5-115. [Repealed.]

Compiler's Notes. Former § 5-5-115 (Code 1858, § 819 (deriv. Acts 1796 (July), ch. 3, § 1; 1841-1842, ch. 101, §§ 1, 2); Shan., § 1146; Code 1932, § 1907; Acts 1978, ch. 934, § 15; T.C.A. (orig. ed.), § 5-517), concerning the conduct of elections for county officers, was repealed by Acts 2008, ch. 871, § 4, effective May 6, 2008.

5-5-116. [Repealed.]

Compiler's Notes. Former § 5-5-116 (Acts 1887, ch. 180, § 1; Shan., § 1147; Code 1932, § 1908; Acts 1978, ch. 934, § 15; impl. am. Acts 1978, ch. 934, §§ 22, 36; T.C.A. (orig. ed.), § 5-518), concerning the recording of votes for county officers, was repealed by Acts 2008, ch. 871, § 4, effective May 6, 2008.

5-5-117. [Repealed.]

Compiler's Notes. Former § 5-5-117 (Code 1858, § 820 (deriv. Acts 1841-1842, ch. 101, § 1); Shan., § 1148; Code 1932, § 1909; Acts 1978, ch. 934, § 15; T.C.A. (orig. ed.), § 5-519), concerning postponement of elections for county officers, was repealed by Acts 2008, ch. 871, § 4, effective May 6, 2008.

5-5-118. Powers and duties — Voting railroad stock.

The county legislative bodies have the power, and it is their duty, through an agent or proxy, to vote the stock of the county in any railroad, in all elections of officers and directors in such railroad.

Acts 1875, ch. 70, § 4; Shan., § 6020; mod. Code 1932, § 10219; Acts 1978, ch. 934, § 15; T.C.A. (orig. ed.), § 5-520.

5-5-119. Powers and duties — Supervision of local improvements.

The establishment and general supervision of roads and ferries, watercourses and local improvements, are entrusted to the county legislative body, as provided in title 54, chapters 7 and 9-14.

Code 1858, § 4206 (deriv. Acts 1804, ch. 1; 1835-1836, ch. 29, § 1); Shan., § 6038; Code 1932, § 10235; Acts 1978, ch. 934, § 15; T.C.A. (orig. ed.), § 5-521.

Textbooks. Tennessee Jurisprudence, 5 Tenn. Juris., Bridges, § 4; 8 Tenn. Juris., Counties, § 11; 23 Tenn. Juris., Streets and Highways, § 3.

5-5-120. Powers and duties — Commissioners for local improvements.

The county legislative bodies have power to appoint commissioners for towns, toll bridges and other public improvements, and to fill all vacancies that may at any time occur among the commissioners, as prescribed.

Code 1858, § 4207 (deriv. Acts 1817, ch. 136, § 2; 1835-1836, ch. 29, § 12); Shan., § 6039; Code 1932, § 10236; Acts 1978, ch. 934, § 15; T.C.A. (orig. ed.), § 5-522.

Textbooks. Tennessee Jurisprudence, 8 Tenn. Juris., Counties, § 11.

5-5-121. Powers and duties — Control of public buildings.

The county legislative bodies have power to erect or control, and dispose of public county buildings, as provided in chapter 7 of this title.

Code 1858, § 4214; Shan., § 6044; Code 1932, § 10241; Acts 1978, ch. 934, § 15; T.C.A. (orig. ed.), § 5-523.

Cross-References. Lease of buildings and facilities authorized, title 12, ch. 2, part 3.

Textbooks. Tennessee Jurisprudence, 8 Tenn. Juris., Counties, § 11.

Attorney General Opinions. County legislative bodies' responsibility to provide court facilities, OAG 99-049, 1999 Tenn. AG LEXIS 50 (3/2/99).

5-5-122. Powers and duties — Tax levy for public buildings.

The county legislative bodies have full power to lay any tax, from time to time, and, at any time that they may think proper, to build, extend or repair, any courthouse, jail or public office for county purposes.

Code 1858, § 4211 (deriv. Acts 1829, ch. 99, § 1); Shan., § 6041; mod. Code 1932, § 10238; Acts 1978, ch. 934, § 15; T.C.A. (orig. ed.), § 5-524.

Textbooks. Tennessee Jurisprudence, 22 Tenn. Juris., Special Assessments, § 3.

Attorney General Opinions. Tax levy for public buildings may be levied by a county as a litigation tax; however, the tax must be levied in the same manner and in an amount not to exceed the amount of litigation taxes levied by the state, OAG 03-006, 2003 Tenn. AG LEXIS 6 (1/22/03).

5-5-123. Powers and duties — Time for county tax levy.

The county legislative body is required, at the first term in every year, to impose, and provide for the collection of, the tax for county purposes, and fix the rate thereof; but if it omits such duty at the first session, it shall be performed at the next regular session.

Code 1858, § 4193 (deriv. Acts 1837-1838, ch. 135, § 2); Shan., § 6013; Code 1932, § 10212; Acts 1978, ch. 934, § 15; impl. am. Acts 1978, ch. 934, § 12; T.C.A. (orig. ed.), § 5-525.

Cross-References. General revenue authority of counties, title 67, ch. 1, part 6.

Attorney General Opinions. Tax levy for public buildings may be levied by a county as a litigation tax; however, the tax must be levied in the same manner and in an amount not to exceed the amount of litigation taxes levied by the state, OAG 03-006, 2003 Tenn. AG LEXIS 6 (1/22/03).

5-5-124. Powers and duties — Correction of tax errors.

The county legislative bodies may release from double taxes, when they have been incurred, and correct errors in the tax list.

Code 1858, § 4213 (deriv. Acts 1851-1852, ch. 171, § 1); Shan., § 6043; Code 1932, § 10240; Acts 1978, ch. 934, § 15; T.C.A. (orig. ed.), § 5-526.

5-5-125. Powers and duties — Exemptions from roadwork, peddling requirements.

The county legislative bodies may exempt any indigent, decrepit, or other persons unable by manual labor or physical exertion to obtain a living, from working on the public roads as provided in § 71-5-2302, or allow persons to hawk and peddle, without license, as provided in § 67-4-102.

Code 1858, § 4212 (deriv. Acts 1845-1846, ch. 97); Shan., § 6042; Code 1932, § 10239; Acts 1978, ch. 934, § 15; 1979, ch. 23, § 4; T.C.A. (orig. ed.), § 5-527.

5-5-126. Powers and duties — Oaths of witnesses.

Power is given to members of the county legislative body to administer an oath or affirmation, as provided by law for witnesses appearing in a court of record of this state to give testimony in such court, when a witness is called to give testimony before the county legislative body or any committee of the county legislative body that has been created by a duly adopted resolution of the county legislative body.

Acts 1979, ch. 71, § 1; T.C.A., § 5-528.

Attorney General Opinions. Authority of Carter County planning commission to require testimony under oath.  OAG 12-105, 2012 Tenn. AG LEXIS 109 (11/26/12).

5-5-127. Powers and duties — Alcoholic beverages in parks, etc.

1. A county may by resolution of its county legislative body prohibit or restrict the consumption of any alcoholic beverage or beer in public parks or recreation areas that are not within the corporate boundaries of a municipality. Such areas shall be prominently posted by the county in order to give the public reasonable notice.
2. A violation of such a resolution shall upon conviction be a Class A misdemeanor and be punishable by a fine of not more than fifty dollars ($50.00).

Acts 1984, ch. 976, § 1.

Compiler's Notes. The misdemeanor provisions in this section may have been affected by the Criminal Sentencing Reform Act of 1989. See §§ 39-11-114, 40-35-110 and 40-35-111.

Cross-References. Penalty for Class A misdemeanor, § 40-35-111.

Part 2
Transitional Provisions

5-6-101. County mayor — Term — Title.

1. Except in counties organized under the consolidated government provisions of the Constitution of Tennessee, article XI, § 9, the chief executive officer of each county shall be a county mayor elected in accordance with § 5-6-102 by the qualified voters of the county for a term of four (4) years or until a successor is elected and qualified.
2. The term of office for a county mayor shall begin on September 1 next succeeding the county mayor's election.
3. References to the chair of the county court and county judge appearing elsewhere in this code shall be deemed references to the county mayor.
4. 1. The chief executive officer of each county shall be redesignated and hereafter referred to as the county mayor, except as provided in subdivision (d)(2). References to the term “county executive” appearing elsewhere in this code are to be deemed references to the county mayor.
   2. Private acts enacted prior to March 28, 2007, designating the title of the chief executive officer of the county as “county executive” shall remain in full force and effect. No county may redesignate the county mayor as county executive by private act following March 28, 2007.
   3. Notwithstanding subdivisions (d)(1) and (2), in any county having a population of not less than twenty thousand one hundred (20,100) nor more than twenty thousand two hundred (20,200), according to the 2000 federal census or any subsequent federal census, the chief executive officer of the county shall be designated and hereafter referred to as the county executive.

Code 1858, § 4187 (deriv. Acts 1835-1836, ch. 6, § 4); impl. am. Acts 1887, ch. 236, § 2; Shan., § 6004; Code 1932, § 10202; impl. am. Acts 1935, ch. 10, § 1; C. Supp. 1950, § 10202; Acts 1978, ch. 934, § 16; 1979, ch. 53, § 1; T.C.A. (orig. ed.), § 5-601; Acts 1981, ch. 219, § 2; 2003, ch. 90, §§ 1, 2; 2004, ch. 568, § 1; 2007, ch. 3, § 1; 2011, ch. 107, § 1.

Compiler's Notes. Acts 2003, ch. 90, § 2, directed the code commission to change all references from “county executive” to “county mayor” and to include all such changes in supplements and replacement volumes for the Tennessee Code Annotated.

Cross-References. Option to redesignate county mayor as county executive by private act, § 5-6-101.

Textbooks. Tennessee Jurisprudence, 8 Tenn. Juris., Counties, § 12.

Law Reviews.

The Judicial System in Tennessee and Potentialities for Reorganization — Judges in Tennessee (Elvin E. Overton), 32 Tenn. L. Rev. 514 (1965).

Attorney General Opinions. Authority of county executive (now county mayor) over county finance office, OAG 99-032, 1999 Tenn. AG LEXIS 19 (2/18/99).

County attorney serving as attorney for county highway department, OAG 99-044, 1999 Tenn. AG LEXIS 55 (3/1/99).

Officials elected as “county executives” in 2002 and redesignated as “county mayors” beginning July 1, 2003, are bound by their oath of office to perform their duties of office and refer to themselves henceforth as “county mayors,” except to the extent the use of any stationery or other office products with the title “county executive” that was printed prior to the effective date of the 2003 amendment, OAG 03-096, 2003 Tenn. AG LEXIS 114 (8/13/03).

There is no penalty for officials who refuse to refer to themselves as “county mayors” beginning July 1, 2003, OAG 03-096, 2003 Tenn. AG LEXIS 114 (8/13/03).

5-6-102. Election.

Election of the county mayor shall be in accordance with the following provisions:

1. In counties of Class 1 and counties of Class 2 having a county council form of county government as established by § 8-24-101, in counties having a population of not less than twelve thousand three hundred fifty (12,350) nor more than twelve thousand three hundred seventy-five (12,375), or not less than thirty-eight thousand eight hundred (38,800) nor more than thirty-eight thousand nine hundred (38,900), by the federal census of 1970 or any subsequent federal census, and in counties having a chair of the county court on May 11, 1978, the county mayor shall be elected in the regular August election in 1978 and every four (4) years thereafter.
2. In all other counties, the county mayor shall be elected in the regular August election in 1978 and every four (4) years thereafter.

Code 1858, § 4187 (deriv. Acts 1835-1836, ch. 6, § 4); impl. am. Acts 1887, ch. 236, § 2; Shan., § 6004; Code 1932, § 10202; impl. am. Acts 1935, ch. 10, § 1; C. Supp. 1950, § 10202; T.C.A. (orig. ed.), § 5-601 (b); Acts 1978, ch. 934, § 16; T.C.A. (orig. ed.), § 5-602; Acts 1981, ch. 219, § 3; 2003, ch. 90, § 2.

Compiler's Notes. For table of U.S. decennial populations of Tennessee counties, see Volume 13 and its supplement.

Former § 5-6-102(2), concerning counties having an incumbent county judge elected in 1974, was deemed obsolete by the code commission in 2005.

Acts 2003, ch. 90, § 2, directed the code commission to change all references from “county executive” to “county mayor” and to include all such changes in supplements and replacement volumes for the Tennessee Code Annotated.

Cross-References. Option to redesignate county mayor as county executive by private act, § 5-6-101

Law Reviews.

The Tennessee Court System — Probate Courts, 8 Mem. St. U.L. Rev. 461 (1978).

Attorney General Opinions. Status of interim county mayor as member of county commission.  OAG 11-2, 2011 Tenn. AG LEXIS 2 (1/7/11).

5-6-103. [Obsolete.]

Compiler's Notes. This section (Code 1858, § 4187 (deriv. Acts 1835-1836, ch. 6, § 4); impl. am. Acts 1887, ch. 236, § 2; Shan., § 6004; Code 1932, § 10202; impl. am. Acts 1935, ch. 10, § 1; C. Supp. 1950, § 10202; T.C.A. (orig. ed.), § 5-601(c); Acts 1978, ch. 934, § 17; T.C.A. (orig. ed.), § 5-603; Acts 1981, ch. 318, § 3), which provided a method for filling vacancies in the office of county judge during the transitional period ending in 1982, is obsolete. For provisions applicable to filling vacancies in the office of county executive (now county mayor), see § 5-1-104.

5-6-104. Qualifications.

1. The county mayor shall be:
   1. A qualified voter of the county;
   2. At least twenty-five (25) years of age; and
   3. A resident of the county for one (1) full year prior to the date of filing a nominating petition for election to such office.
2. The county mayor shall continue to reside in the county during the county mayor's term of office, and shall not, during the county mayor's term of office, hold any other public office for profit.

Acts 1978, ch. 934, § 17; T.C.A., § 5-604; Acts 2003, ch. 90, § 2.

Compiler's Notes. Acts 2003, ch. 90, § 2, directed the code commission to change all references from “county executive” to “county mayor” and to include all such changes in supplements and replacement volumes for the Tennessee Code Annotated.

Cross-References. Option to redesignate county mayor as county executive by private act, § 5-6-101.

Textbooks. Tennessee Jurisprudence, 8 Tenn. Juris., Counties, § 12.

Law Reviews.

The Tennessee Court System — Probate Courts, 8 Mem. St. U.L. Rev. 461 (1978).

Attorney General Opinions. Individual serving as county executive (now county mayor) and mayor, OAG 98-095, 1998 Tenn. AG LEXIS 95 (4/29/98).

5-6-105. Compensation.

1. The county mayor shall devote full time to the duties and demands of the office unless the voters of the county, by means of a referendum authorized by Acts 1979, chapter 145, § 2, determine that such duties and demands are insufficient to require full-time action.
2. 1. The county mayor shall receive for the county mayor's services such compensation as established in § 8-24-102.
   2. Such minimum salary shall apply to a county mayor who devotes full time to such office.
   3. The salary of a county mayor who devotes less than full time to such office shall be determined by resolution of the county legislative body.

Acts 1978, ch. 934, § 17; 1979, ch. 145, § 1; T.C.A., § 5-605; Acts 1982, ch. 890, § 1; 1996, ch. 936, § 2; 1998, ch. 590, § 1; 2003, ch. 90, § 2.

Compiler's Notes. Section 2 of Acts 1979, ch. 145 reads:

“(a)  In each county in which, on the effective date of this act, the county executive (now county mayor) devotes less than full time to the office, a referendum shall be called by the county election commission and shall be held concurrently with the 1980 August general election in order to allow the voters of the county to determine whether the duties and demands of the office require full time attention. If such voters determine that a full time county executive (now county mayor) is required, the position shall become full time effective September 1, 1982.

“(b)  In each county in which, on September 1, 1982, the county executive (now county mayor) devotes less than full time to the office, upon receiving a certified copy of a resolution duly adopted by the county legislative body or a petition signed by at least ten percent (10%) of the qualified voters of the county requesting a referendum to determine whether the duties and demands of the office of county executive (now county mayor) require full time attention, the county election commission shall call and hold such referendum. Such referendum shall occur concurrently with the 1984 August general election or the next succeeding August general election occurring quadrennially after such 1984 election. The position if approved, shall become full time on September 1, 1986 or the next succeeding September 1st occurring quadrennially after such 1986 date.”

Acts 2003, ch. 90, § 2, directed the code commission to change all references from “county executive” to “county mayor” and to include all such changes in supplements and replacement volumes for the Tennessee Code Annotated.

Cross-References. Option to redesignate county mayor as county executive by private act, § 5-6-101.

5-6-106. Powers and duties — Generally — Ex officio memberships — Appointments.

1. The county mayor shall be the chief executive officer of the county and shall have all the powers and duties formerly exercised by the county judge, county chair, or elected official exercising general supervision of the county government as provided by this chapter, other general law, special, local or private acts.
2. 1. The county mayor shall serve as a nonvoting ex officio member of the county legislative body. The county mayor or the county mayor's designated representative shall serve as a nonvoting ex officio member of each committee of the county legislative body and of each board, commission or authority of the county government, except as provided by law or by action of the county legislative body.
   2. In those circumstances not addressed by subdivision (b)(1), the county mayor may designate, from time to time, a professional staff member with appropriate training or a member of the county legislative body to sit in the county mayor's place on any board, authority or commission that the county mayor serves upon by virtue of holding the office of county mayor. Any such designee shall have the powers, including the power to vote, as are otherwise conferred upon the county mayor when serving upon such board, authority or commission. At any such meeting attended by the county mayor, only the county mayor shall exercise voting power.
3. Except as otherwise provided by general law, or special or private act, the county mayor shall appoint members of county boards and commissions and county department heads. Such appointees shall be subject to confirmation by the county legislative body, and in so doing, the legislative body may express its views fully and freely and shall vote for or against confirmation. The legislative body shall not seek or interview such prospective employees prior to their appointment by the county mayor. Such appointment and confirmation are not applicable to employees appointed by other elected county officials.

Acts 1978, ch. 934, § 17; 1979, ch. 80, § 1; T.C.A., § 5-606; Acts 1985, ch. 145, § 1; 2003, ch. 90, § 2.

Compiler's Notes. Acts 2003, ch. 90, § 2, directed the code commission to change all references from “county executive” to “county mayor” and to include all such changes in supplements and replacement volumes for the Tennessee Code Annotated.

Cross-References. Authority to solemnize marriages, § 36-3-301.

Option to redesignate county mayor as county executive by private act, § 5-6-101.

Textbooks. Pritchard on Wills and Administration of Estates (4th ed., Phillips and Robinson), § 37.

Tennessee Jurisprudence, 8 Tenn. Juris., Counties, § 12.

Law Reviews.

The Tennessee Court System — Probate Courts, 8 Mem. St. U.L. Rev. 461 (1978).

Attorney General Opinions. Appointment of county officials, OAG 97-068, 1997 Tenn. AG LEXIS 67 (5/12/97).

Appointment of emergency communication district board of directors, OAG 94-024, 1994 Tenn. AG LEXIS 19 (3/9/94).

Authority of county executive (now county mayor) over county finance office, OAG 99-032, 1999 Tenn. AG LEXIS 19 (2/18/99).

Lewis County highway advisory commission.  OAG 12-74, 2012 Tenn. AG LEXIS 79 (7/19/12).

Where county commission has hired an employee in the valid exercise of its authority, a county mayor may not unilaterally terminate that employee unless expressly authorized.  Nor may a county mayor defund or abolish an entire county department without the approval of the county commission.  OAG 14-28, 2014 Tenn. AG LEXIS 29 (3/7/14).

5-6-107. Powers and duties — Action on legislation.

1. 1. The county mayor has the power of veto with respect to resolutions of the county legislative body.
   2. Such veto shall apply only to legislative resolutions and shall not apply to resolutions in which the legislative body is exercising administrative or appellate authority.
2. 1. Every resolution shall be submitted to the county mayor.
   2. If the county mayor signs it, the resolution shall become effective immediately or at a later date if the resolution so provides.
   3. If the county mayor vetoes the resolution, the county mayor shall return it to the county legislative body for action on the county mayor's veto, in which case it shall become effective only upon subsequent passage by a majority of all the members comprising the county legislative body.
   4. Such passage must take place within twenty (20) days of receiving the county mayor's message of veto or at the next regular meeting of the county legislative body, whichever is later.
   5. If the county mayor fails either to sign or to veto a resolution and to report the county mayor's action to the county legislative body within ten (10) days after the resolution is submitted to the county mayor, the resolution shall become effective without the county mayor's signature upon the expiration of the ten-day period or at a later date if the resolution so provides.
3. The veto may not be exercised with respect to specific items or parts of items in the annual county budget, and may only be exercised with respect to the whole.
4. 1. This section shall not be applicable to counties of Class 1 as established by § 8-24-101, that have comparable provisions in special or private acts establishing a veto power in the county mayor.
   2. This section shall not be applicable in any county in which the county mayor is elected as chair of the county legislative body as provided in § 5-5-103.
   3. This section shall be applicable in counties having a population of not less than twelve thousand three hundred fifty (12,350) nor more than twelve thousand three hundred seventy-five (12,375), by the federal census of 1970 or any subsequent federal census.
   4. This section shall be applicable in counties having a population of not less than thirty-eight thousand eight hundred (38,800) nor more than thirty-eight thousand nine hundred (38,900), by the federal census of 1970 or any subsequent federal census.

Acts 1978, ch. 934, § 18; 1979, ch. 53, § 2; T.C.A., § 5-607; Acts 1988, ch. 981, § 1; 2003, ch. 90, § 2.

Compiler's Notes. For table of U.S. decennial populations of Tennessee counties, see Volume 13 and its supplement.

Acts 2003, ch. 90, § 2, directed the code commission to change all references from “county executive” to “county mayor” and to include all such changes in supplements and replacement volumes for the Tennessee Code Annotated.

Cross-References. Option to redesignate county mayor as county executive by private act, § 5-6-101.

Textbooks. Tennessee Jurisprudence, 8 Tenn. Juris., Counties, § 12.

Law Reviews.

The Tennessee Court System — Probate Courts, 8 Mem. St. U.L. Rev. 461 (1978).

5-6-108. Powers and duties — County property and accounts.

The county mayor shall be the accounting officer and general agent of the county; and, as such, the county mayor shall have power, and it shall be the county mayor's duty to:

1. Have the care and custody of all the county property, except such as is by law placed in the custody of other officers;
2. Appoint an agent or attorney to take care of such property, and fix such agent's or attorney's compensation;
3. Control all books, papers and instruments pertaining to the county mayor's office;
4. Audit all claims for money against the county;
5. Draw, without seal, all warrants upon the county treasury;
6. Audit and settle the accounts of the county trustee, and those of any other collector or receiver of county revenue, taxes, or incomes, payable into the county treasury, and those of any persons entrusted to receive or expend any money of the county;
7. Require such officers or persons to render and settle their accounts as directed by law, or by the authority under which they act;
8. Enter in a book, to be known as the warrant book, in the order of issuance, the number, date, amount and name of the drawee of each warrant drawn upon the treasury;
9. Keep in a suitable book an account of the receipts and expenditures of the county, so as to show clearly the assets of the county, and the debts payable to and by it, balancing the account semiannually, and generally to superintend the financial concerns of the county; and
10. Report, in writing, semiannually, to the county legislative body all moneys received and paid out, and a complete statement of the financial condition of the county, and the county mayor shall settle the county mayor's accounts once every year.

Code 1858, § 421 (deriv. Acts 1855-1856, ch. 253, § 8; 1857-1858, ch. 38, § 8); impl. am. Acts 1859-1860, ch. 120, § 8; Acts 1879, ch. 76, § 3; Shan., § 517; Code 1932, § 769; Acts 1978, ch. 934, § 21; impl. am. Acts 1978, ch. 934, §§ 7, 36; T.C.A. (orig. ed.), § 5-608; Acts 2003, ch. 90, § 2.

Compiler's Notes. Acts 2003, ch. 90, § 2, directed the code commission to change all references from “county executive” to “county mayor” and to include all such changes in supplements and replacement volumes for the Tennessee Code Annotated.

Cross-References. Motion against collector for failure to settle accounts, § 67-1-1602.

Option to redesignate county mayor as county executive by private act, § 5-6-101.

Textbooks. Tennessee Jurisprudence, 8 Tenn. Juris., Counties, § 12; 16 Tenn. Juris., Judges, § 9; 19 Tenn. Juris., Municipal, State and County Securities, § 4.

Law Reviews.

The Tennessee Court System — Probate Courts, 8 Mem. St. U.L. Rev. 461 (1978).

Attorney General Opinions. Authority of county executive (now county mayor) over county finance office, OAG 99-032, 1999 Tenn. AG LEXIS 19 (2/18/99).

County executive's (now county mayor's) authority over sheriff's department purchasing, OAG 99-051, 1999 Tenn. AG LEXIS 48 (3/4/99).

5-6-109. Powers and duties — Bond.

All county mayors shall, before entering upon the discharge of their duties, enter into an official bond prepared in accordance with title 8, chapter 19, to be approved by the county legislative bodies, in the sum of one hundred thousand dollars ($100,000), or in a greater sum as the county legislative body may determine, payable to the state, for the use of their respective counties, conditioned for the faithful discharge of their duties as accounting officers and general agents of their counties, during their official terms, as set forth in § 5-6-108. The bond shall be recorded in the office of the county register of deeds and transmitted to the office of the county clerk for safekeeping.

Acts 1879, ch. 76, § 1; Shan., § 516; Code 1932, § 768; Acts 1977, ch. 270, § 1; 1978, ch. 934, § 21; impl. am. Acts 1978, ch. 934, §§ 7, 36; T.C.A. (orig. ed.), § 5-609; Acts 1998, ch. 677, § 2; 2003, ch. 90, § 2; 2013, ch. 315, § 7.

Compiler's Notes. Acts 2003, ch. 90, § 2, directed the code commission to change all references from “county executive” to “county mayor” and to include all such changes in supplements and replacement volumes for the Tennessee Code Annotated.

Acts 2013, ch. 315, § 31 provided that the act, which amended this section, shall apply to the renewal or obtaining an official bond for any bonding after April 29, 2013.

Cross-References. Option to redesignate county mayor as county executive by private act, § 5-6-101.

Law Reviews.

The Tennessee Court System — Probate Courts, 8 Mem. St. U.L. Rev. 461 (1978).

Attorney General Opinions. County executive's [now county mayor's] authority over sheriff's department purchasing, OAG 99-051, 1999 Tenn. AG LEXIS 48 (3/4/99).

5-6-110. Powers and duties — Duties as financial officer.

It is the duty of the county mayor to:

1. Draw the county mayor's warrant on the county trustee for the payment of any judgment recovered against, or debt due from, the county;
2. Reduce to writing the testimony of any witness examined by the county mayor touching any settlement, and file the same therewith;
3. Minutely examine and settle the accounts of county officers, referring to the records, documents, dockets and papers in the offices to verify each item;
4. Report to the county legislative body the settlements, under oath that the county mayor believes that the report contains a true schedule of the revenue collected by each officer, and that the county mayor is bound by law to pay to the county trustee;
5. Make duplicates of the settlements with the clerks of the circuit, chancery and appellate courts, and deliver one (1) of the duplicates to the county clerk, and file the others in each of the clerk's offices.

Code 1858, § 525; Acts 1879, ch. 162, § 2; impl. am. Acts 1907, ch. 602, § 45; Shan., § 669; Code 1932, § 1065; impl. am. Acts 1937, ch. 33, § 51; impl. am. Acts 1959, ch. 9, § 14; Acts 1978, ch. 934, § 21; impl. am. Acts 1978, ch. 934, §§ 7, 22, 36; T.C.A. (orig. ed.), § 5-610; Acts 1998, ch. 1080, § 10; 2003, ch. 90, § 2.

Compiler's Notes. Acts 2003, ch. 90, § 2, directed the code commission to change all references from “county executive” to “county mayor” and to include all such changes in supplements and replacement volumes for the Tennessee Code Annotated.

Cross-References. Option to redesignate county mayor as county executive by private act, § 5-6-101.

Textbooks. Tennessee Jurisprudence, 8 Tenn. Juris., Counties, § 12.

Law Reviews.

The Tennessee Court System — Probate Courts, 8 Mem. St. U.L. Rev. 461 (1978).

Attorney General Opinions. Authority of county executive [now county mayor] over county finance office, OAG 99-032, 1999 Tenn. AG LEXIS 19 (2/18/99).

County executive's [now county mayor's] authority over sheriff's department purchasing, OAG 99-051, 1999 Tenn. AG LEXIS 48 (3/4/99).

5-6-111. [Repealed.]

Compiler's Notes. Former § 5-6-111 (Acts 1879, ch. 162, § 3; Shan., § 670; Code 1932, § 1066; impl. am. Acts 1937, ch. 33, § 51; impl. am. Acts 1959, ch. 9, § 14; Acts 1978, ch. 934, § 21; T.C.A. (orig. ed.), § 5-611), concerning failure by the county executive to report on the privilege tax, was repealed by Acts 1998, ch. 1080, § 11, effective May 19, 1998.

5-6-112. Powers and duties — Powers as financial officer.

The county mayor has the power to:

1. If there is no county attorney, employ or retain counsel, or both, to advise the county mayor and the members of the county legislative body as to their legal rights as such members, to prepare and draft resolutions for passage by the body, and to represent the county either as plaintiff or defendant in such suits as may be brought by or against the county, except suits by the county to collect delinquent taxes, which counsel shall be entitled to a reasonable fee for such counsel's services or retention, or both, to be fixed by a majority vote of the members of the county legislative body at one (1) of its regular sessions, to be paid out of the county general fund;
2. Require the clerks of the several courts to produce to the county mayor all records, documents, dockets and papers in their offices relating to each office, and tending to give information in relation to the county revenue collected by such officer for the use of the county;
3. Call or summon before the county mayor all witnesses having any knowledge relating to the county revenue;
4. Demand of each of the clerks of the several courts an account, on oath, of all moneys by such clerk collected for the use of the county, setting forth each separate item, from whom and at what time received, and the source from which it was derived;
5. Call the collectors of the county tax, at the time prescribed by law, for the purpose of making a final settlement for the year last past;
6. Call the county trustee to a settlement when required by law, or by the county legislative body;
7. Procure, at the expense of the county, a well bound book, and therein cause to be entered, on the left-hand pages, two (2) regular accounts, one (1) against the collectors of taxes and revenue, the other against the county trustee, stating the amount of all the taxes for which the collectors are accountable, and each item with which each of the officers is chargeable, on behalf of the county, expressing the manner in which it became due and owing, or by whom paid. And, on the right-hand page, opposite the debits, the county mayor shall cause to be entered each item or credit to which either of the officers is entitled, plainly showing the amount thereof and to whom paid;
8. Transfer the balance, if any, either for or against the county, to their respective accounts to be opened for the ensuing year, so that the county mayor may be enabled, when required by the county legislative body, plainly to show the state and condition of the county treasury, and in what manner the moneys thereof have been disbursed; and
9. Demand of the county clerk a list of the amount of taxes put into the hands of the collector, and due and owing for that year, together with sufficient vouchers, showing the amount of moneys by such clerk paid to the trustee, as required by law, for fines and forfeitures, and the amount of all appropriations made for the year by the county legislative body, with all necessary documents and vouchers showing any receipts or disbursements of county moneys.

Code 1858, § 520; Shan., § 660; mod. Code 1932, § 1059; Acts 1947, ch. 114, § 1; C. Supp. 1950, § 1059; impl. am. Acts 1963, ch. 14, § 1; Acts 1978, ch. 934, § 21; impl. am. Acts 1978, ch. 934, §§ 7, 22, 36; T.C.A. (orig. ed.), § 5-612; Acts 2003, ch. 90, § 2.

Compiler's Notes. Acts 2003, ch. 90, § 2, directed the code commission to change all references from “county executive” to “county mayor” and to include all such changes in supplements and replacement volumes for the Tennessee Code Annotated.

Cross-References. Option to redesignate county mayor as county executive by private act, § 5-6-101.

Textbooks. Tennessee Jurisprudence, 2 Tenn. Juris., Appeal and Error, § 254; 8 Tenn. Juris., Counties, § 12.

Law Reviews.

The Tennessee Court System — Probate Courts, 8 Mem. St. U.L. Rev. 461 (1978).

Attorney General Opinions. Authority of county executive (now county mayor) over county finance office, OAG 99-032, 1999 Tenn. AG LEXIS 19 (2/18/99).

County attorney serving as attorney for county highway department, OAG 99-044, 1999 Tenn. AG LEXIS 55 (3/1/99).

5-6-113. [Repealed.]

Compiler's Notes. Former § 5-6-113 (Code 1858, § 423; Acts 1877, ch. 106, § 3; Shan., § 519; Code 1932, § 771; Acts 1963, ch. 253, §§ 1-3; 1967, ch. 291, § 1; modified; Acts 1971, ch. 206, § 1; 1978, ch. 934, § 21; impl. am. Acts 1978, ch. 934, §§ 7, 36; T.C.A. (orig. ed.), § 5-613), concerning powers and duties and compensation as the financial officer, was repealed by Acts 2000, ch. 585, § 1, effective March 10, 2000.

5-6-114. Powers and duties — Acting for clerk.

When the county clerk is incompetent, because of interest or relationship, to do or perform any official act required by law to be done by the county clerk, it shall be lawful, and is made the duty of the county mayor to do and perform that act.

Acts 1871, ch. 42, § 1; Shan., § 676; Code 1932, § 1072; Acts 1978, ch. 934, § 21; impl. am. Acts 1978, ch. 934, §§ 22, 36; T.C.A. (orig. ed.), § 5-614; Acts 2003, ch. 90, § 2.

Compiler's Notes. Acts 2003, ch. 90, § 2, directed the code commission to change all references from “county executive” to “county mayor” and to include all such changes in supplements and replacement volumes for the Tennessee Code Annotated.

Cross-References. Incompetency of clerk, § 18-6-112.

Option to redesignate county mayor as county executive by private act, § 5-6-101.

5-6-115. Incompetency of clerk — Additional provisions.

When the county clerk is incompetent to take and state any account, the same shall be taken and stated by a special commissioner, to be appointed by the county legislative body as provided by law.

Acts 1871, ch. 42, § 1; Shan., § 677; Code 1932, § 1073; impl. am. Acts 1978, ch. 934, §§ 7, 22, 36; T.C.A. (orig. ed.), § 5-615.

Cross-References. Incompetency of clerk, § 18-6-112.

Law Reviews.

The Tennessee Court System — Probate Courts, 8 Mem. St. U.L. Rev. 461 (1978).

5-6-116. Clerical assistants.

The county mayor for each county may employ one (1) or more clerical assistants as may be necessary for the performance of the county mayor's official duties. The county mayor shall establish the compensation of any such assistant within the amount appropriated for such purpose by the county legislative body.

Acts 1959, ch. 196, § 1; 1976, ch. 726, § 1; 1978, ch. 934, § 21; 1979, ch. 130, § 1; T.C.A., § 5-616; Acts 1998, ch. 609, § 1; 2003, ch. 90, § 2.

Compiler's Notes. Acts 2003, ch. 90, § 2, directed the code commission to change all references from “county executive” to “county mayor” and to include all such changes in supplements and replacement volumes for the Tennessee Code Annotated.

Cross-References. Option to redesignate county mayor as county executive by private act, § 5-6-101.

Law Reviews.

Local Government Law — 1959 Tennessee Survey, 12 Vand. L. Rev. 1257 (1959).

5-6-117, 5-6-118. [Repealed.]

Compiler's Notes. Former §§ 5-6-117 and 5-6-118 (Acts 1959, ch. 196, §§ 2, 3; 1978, ch. 934, § 21; T.C.A., §§ 5-617, 5-618), concerning salaries of clerical assistants, were repealed by Acts 1998, ch. 609, §§ 2 and 3, effective March 12, 1998.

5-6-119. [Transferred.]

Code Commission Notes.

Former § 5-6-119, concerning a citizen transportation area, was transferred to § 65-15-127 in 1986, and subsequently to § 65-15-115 in 2015, by authority of the Tennessee code commission.

5-6-120. Transfer of duties to water and wastewater treatment authorities.

1. 1. The duties of the county mayor in regard to any petition filed pursuant to title 7, chapter 82, are transferred to the water and wastewater treatment authority board under title 68, chapter 221, part 6 in any county that has created such authority. The preceding sentence does not apply to any petition by any governmental entity or state instrumentality that does not purport to adjust or otherwise modify any territory included in the service area of a water and wastewater treatment authority. Such petitions may be granted if the board determines in its sole discretion that the public convenience and necessity require the same. The general assembly enacts this section as a statement of its intent that this section is a clarification of title 68, chapter 221, part 6. From and after the creation of a water and wastewater treatment authority and the establishment of its service area, the authority shall be the sole and exclusive provider of its authorized services in its service area. The designated service area for any particular function or service shall not include any area located within the boundaries of another governmental entity providing the same function or service on the date the service area is established. Different service areas may be established for different functions or services. The authority may cede all or any portion of its functions or service area to another governmental entity upon the board determining in its sole discretion that the public convenience and necessity require the same.
   2. Notwithstanding any law to the contrary, the transfer of duties as provided in subdivision (a)(1) do not apply to a county which:
      1. Is served by a water and wastewater treatment authority that does not provide water service;
      2. Has its water provided by more than five (5) utility districts; and
      3. Has, under state law, had its county mayor hear petitions of utility districts.
2. The authority granted in this section shall prevail over any other law to the contrary for all water and wastewater service providers proposing to provide such services in the service area of the authority. Any city proposing to provide such services in the service area of the authority shall have authorization to do so only by filing a petition in the manner established by this section and receiving a cession by the authority.

Acts 1988, ch. 981, § 2; 1989, ch. 580, § 1; 1995, ch. 77, § 1; 2003, ch. 90, § 2; 2018, ch. 811, § 1.

Compiler's Notes. Acts 2003, ch. 90, § 2, directed the code commission to change all references from “county executive” to “county mayor” and to include all such changes in supplements and replacement volumes for the Tennessee Code Annotated.

Amendments. The 2018 amendment added the second sentence in (a)(1).

Effective Dates. Acts 2018, ch. 811, § 2. April 24, 2018.

Cross-References. Option to redesignate county mayor as county executive by private act, § 5-6-101.

Attorney General Opinions. Powers of water and wastewater treatment authority outside of its service area.  OAG 11-53, 2011 Tenn. AG LEXIS 55 (6/30/11).

Municipality’s right to provide water services in annexed territory; conflict between T.C.A. §§ 5-6-120 and 6-51-111 and implied repeal of T.C.A. § 5-6-120 by T.C.A. § 6-51-111(e) to the extent of the inconsistency between the two statutes. OAG 14-19, 2014 Tenn. AG LEXIS 20 (2/14/14).

5-6-121. County fire marshal — Appointment — Compensation — Qualifications.

1. The county mayor for each county may appoint a fire marshal, whose duty shall be to coordinate the efforts of volunteer fire departments, enforce local fire safety regulations and assist in the prevention of fire and arson. If a county fire marshal is employed, the county mayor shall establish the compensation of the county fire marshal within the amount appropriated for such purpose by the county legislative body.
2. The county fire marshal shall:
   1. Have at least five (5) years of experience as a firefighter;
   2. Have and maintain certification from the state fire marshal in accordance with § 68-120-113; and
   3. Serve at the pleasure of the county mayor.

Acts 2008, ch. 843, § 1.

Part 2
Transitional Provisions

NOTES TO DECISIONS

1. Acquisition of Property.

Counties are vested with power to acquire property for county purposes, and the grants and conveyances therefore are required to be made to the county acquiring the same. Ledbetter v. Clarksville & R. Turnpike Co., 110 Tenn. 92, 73 S.W. 117, 1902 Tenn. LEXIS 42 (1903), overruled in part, Knierim v. Leatherwood, 542 S.W.2d 806, 1976 Tenn. LEXIS 521 (Tenn. 1976).

2. Contracts to Pay Interest on Warrants.

The provisions of this section confer upon the county power through the county legislative body, to make contracts for the payment of interest on county warrants, after their registration by the trustee, until there is money in the treasury to pay the same. Davidson County v. Olwill, 72 Tenn. 28, 1879 Tenn. LEXIS 3 (1879).

3. Contracts to Release from Taxation.

The county legislative body has no authority to contract for the release of county taxation, or the exemption therefrom, even to induce a nonresident to build a railroad, and its attempt to do so is void. Nashville & K. R. Co. v. Wilson County, 89 Tenn. 597, 15 S.W. 446, 1890 Tenn. LEXIS 84 (1891).

4. Leases of County Property.

There is no authority for lease of space in registry room in courthouse. Shelby County v. Memphis Abstract Co., 140 Tenn. 74, 203 S.W. 339, 1918 Tenn. LEXIS 22, L.R.A. (n.s.) 1918E939 (1918).

County's contract to lease for a long period part of courthouse yard for purpose of building and operating a filling station was ultra vires. Henry v. Grainger County, 154 Tenn. 576, 290 S.W. 2, 1926 Tenn. LEXIS 155 (1926).

5. Use of County Property.

Permissive use of “inner circle” of county courthouse yard for public parking and fact that city paved such area and erected parking meters therein did not amount to a dedication by implication of such area for street purposes in absence of unequivocal proof that county intended to dedicate such area for that purpose. Rutherford County v. Murfreesboro, 43 Tenn. App. 489, 309 S.W.2d 778, 1957 Tenn. App. LEXIS 132 (Tenn. Ct. App. 1957).

County did not lose control over land in “inner circle” of courthouse yard by reason of acquiescence of certain county officials in parking of automobiles in such area or by reason of erection of parking meters in such area by city without consent of county, and county had right to require city to remove parking meters and/or to exclude parking from such area. Rutherford County v. Murfreesboro, 43 Tenn. App. 489, 309 S.W.2d 778, 1957 Tenn. App. LEXIS 132 (Tenn. Ct. App. 1957).

Collateral References.

Liability of governmental entity for issuance of permit for construction which caused or accelerated flooding. 62 A.L.R.3d 514.

NOTES TO DECISIONS

1. In General.

Land for courthouse and courthouse yard acquired by commissioners appointed under Acts 1811, ch. 33 to lay out county seat for Rutherford County with authority to reserve area for public square and courthouse was vested in Rutherford County. Rutherford County v. Murfreesboro, 43 Tenn. App. 489, 309 S.W.2d 778, 1957 Tenn. App. LEXIS 132 (Tenn. Ct. App. 1957).

NOTES TO DECISIONS

1. Appeal from Order to Build Courthouse.

An appeal does not lie from an order of the county legislative body for the building of a courthouse. Carey v. Justices of Campbell County, 37 Tenn. 515, 1858 Tenn. LEXIS 52 (1858).

2. Implied Powers.

The statutory power of a county, or its county legislative body, to erect a courthouse does not imply a power to issue unimpeachable negotiable bonds in payment thereof, though the power to issue vouchers for payment is necessarily implied. Claiborne County v. Brooks, 111 U.S. 400, 4 S. Ct. 489, 28 L. Ed. 470, 1884 U.S. LEXIS 1799 (1884).

NOTES TO DECISIONS

1. Appeal from Order to Build Courthouse.

An appeal does not lie from an order of the county legislative body for the building of a courthouse. Carey v. Justices of Campbell County, 37 Tenn. 515, 1858 Tenn. LEXIS 52 (1858).

2. Special Tax.

The levy of a special tax by the county legislative body must show its purpose, or it will be void, and a distress warrant issued to collect such tax may be superseded and quashed. Southern R. Co. v. Hamblen County, 115 Tenn. 526, 92 S.W. 238, 1905 Tenn. LEXIS 85 (1906); Southern R. Co. v. Hamblen County, 117 Tenn. 327, 97 S.W. 455, 1906 Tenn. LEXIS 50 (1906).

Where the lawful purpose of a special levy of taxes is so confused with the unlawful purpose that the valid cannot be separated from the invalid, the whole is void. Southern R. Co. v. Hamblen County, 115 Tenn. 526, 92 S.W. 238, 1905 Tenn. LEXIS 85 (1906).

3. —Court Costs.

Code provisions relating to the duty of the county legislative body to erect a courthouse and to keep it in a state of repair and authorizing the levy of a special tax for that purpose did not authorize the levy of a special tax for court costs. Storie v. Norman, 174 Tenn. 647, 130 S.W.2d 101, 1938 Tenn. LEXIS 134 (1939).

4. —Courthouse Improvements.

The county legislative body may levy a special tax for vault and water-closet improvements for the courthouse. Southern R. Co. v. Hamblen County, 117 Tenn. 327, 97 S.W. 455, 1906 Tenn. LEXIS 50 (1906).

5. Improper Use of Tax Revenues.

Where a special levy for “jail tax” was valid under this section, the fact that the proceeds therefrom may have been paid out irregularly did not affect the validity of the levy. Storie v. Norman, 174 Tenn. 647, 130 S.W.2d 101, 1938 Tenn. LEXIS 134 (1939).

Levy for jail purposes was void where it was intention of county legislative body to apply proceeds to general fund. State ex rel. Campbell County v. Delinquent Taxpayers of 1939, 183 Tenn. 64, 191 S.W.2d 153, 1945 Tenn. LEXIS 273 (1945).

6. Custody of Courthouse.

Sections 5-7-106 and 5-7-108, when read together, indicate that the sheriff as custodian of the courthouse is a mere agent or administrator of the county legislative body and must report from time to time to the county legislative body such repairs as are required and must obtain the authorization of the county legislative body for any major repairs. Driver v. Thompson, 49 Tenn. App. 646, 358 S.W.2d 477, 1962 Tenn. App. LEXIS 84 (Tenn. Ct. App. 1962).

There is neither express nor implied authority for the sheriff to dictate to the other elected officials of the county what space they shall occupy in the courthouse and other matters affecting them in the discharge of their official duties as this is peculiarly a function of the county legislative body as to matters in its jurisdiction. Driver v. Thompson, 49 Tenn. App. 646, 358 S.W.2d 477, 1962 Tenn. App. LEXIS 84 (Tenn. Ct. App. 1962).

NOTES TO DECISIONS

1. In General.

Custody or charge of courthouse is given to the sheriff or some other person specially appointed by the county legislative body. Ferriss v. Williamson, 67 Tenn. 424, 1874 Tenn. LEXIS 393 (1874).

2. Limited Authority.

Sections 5-7-106 and 5-7-108, when read together, indicate that the sheriff as custodian of the courthouse is a mere agent or administrator of the county legislative body and must report from time to time to the county legislative body such repairs as are required and must obtain the authorization of the county legislative body for any major repairs. Driver v. Thompson, 49 Tenn. App. 646, 358 S.W.2d 477, 1962 Tenn. App. LEXIS 84 (Tenn. Ct. App. 1962).

There is neither express nor implied authority for the sheriff to dictate to the other elected officials of the county what space they shall occupy in the courthouse and other matters affecting them in the discharge of their official duties as this is peculiarly a function of the county legislative body as to matters in its jurisdiction. Driver v. Thompson, 49 Tenn. App. 646, 358 S.W.2d 477, 1962 Tenn. App. LEXIS 84 (Tenn. Ct. App. 1962).

3. Office of Register of Deeds.

Agents and employees of abstract companies, while entitled to examine and copy any records in the office of a register of deeds, are subject to such reasonable regulations as the county register may prescribe, and they may be excluded by the sheriff upon failure to obey such reasonable rules and regulations. Shelby County v. Memphis Abstract Co., 140 Tenn. 74, 203 S.W. 339, 1918 Tenn. LEXIS 22, L.R.A. (n.s.) 1918E939 (1918).

4. Janitor.

The county legislative body may create the office of janitor for the courthouse, and annually elect someone to fill the same, with a salary attached, to be paid by warrant issued by the county executive (now county mayor). Such janitor is to perform the duties imposed on sheriffs in regard to the care, custody and protection of courthouses and the grounds attached, and the sheriff is thereby relieved of them. Ferriss v. Williamson, 67 Tenn. 424, 1874 Tenn. LEXIS 393 (1874).

5-8-101. Sources of county revenue — Gifts and donations.

1. County revenue is derived from taxes on property, privileges, litigation, merchants, peddlers; from fines and forfeitures; and from money remaining unclaimed more than two (2) years in clerks' offices.
2. Notwithstanding any law to the contrary, a county is authorized to accept and receive gifts and donations of money, intangible personal property, tangible personal property and real property. If any such gift or donation is offered subject to conditional or restrictive terms, then the gift must be accepted by majority vote of the county legislative body and must be used by the county subject to the terms of such conditions or restrictions. If an unrestricted gift or donation of money is accepted and received, then such money must be deposited in the county general fund and must be appropriated and expended in accordance with county budgetary procedures. If an unrestricted gift or donation of personal or real property is accepted and received, and if the property is subsequently leased or sold, then the proceeds from such lease or sale must be deposited in the county general fund and must be appropriated in accordance with county budgetary procedures.

Code 1858, § 482; Shan., § 644; mod. Code 1932, § 1035; impl. am. Acts 1963, ch. 14, § 1; Acts 1979, ch. 23, § 5; T.C.A. (orig. ed.), § 5-801; Acts 1999, ch. 109, § 1.

Compiler's Notes. This section may be affected by the Uniform Unclaimed Property Act compiled in title 66, ch. 29.

Cross-References. Annual audit, § 4-3-304.

Audit of local records, title 9, ch. 3, part 2.

County taxes paid under protest, § 67-1-912.

Highways, state funds for local aid, title 54, ch. 4.

Local Option Revenue Act, title 67, ch. 6, part 7.

Taxes and licenses, title 67.

Law Reviews.

Tax Limitations of Counties and Municipalities (M. P. O'Connor), 12 Tenn. L. Rev. 174 (1934).

Attorney General Opinions. Inability to use wheel tax revenues to fund waste disposal, OAG 99-137, 1999 Tenn. AG LEXIS 171 (7/22/99).

5-8-102. Privilege tax — Motor vehicle tax.

1. Privilege Taxes Authorized.  Each county is empowered to levy privilege taxes upon merchants and such other vocations, occupations or businesses as are declared to be privileges, not exceeding in amount that levied by the state for state purposes.
2. Motor Vehicle Tax — Authorization.  Each county is empowered to levy for county purposes by action of its governing body a motor vehicle privilege tax as a condition precedent to the operation of a motor vehicle within the county. The tax may be levied on any motor vehicle taxable by the state.
3. Motor Vehicle Tax — Imposition.
   1. No resolution authorizing such motor vehicle privilege tax shall take effect unless it is approved by a two-thirds (2/3) vote of the county legislative body at two (2) consecutive, regularly scheduled meetings or unless it is approved by a majority of the number of qualified voters of the county voting in an election on the question of whether or not the tax should be levied.
   2. 1. Except as provided in subdivision (c)(2)(B), if there is a petition of registered voters amounting to ten percent (10%) of the votes cast in the county in the last gubernatorial election that is filed with the county election commission within thirty (30) days of final approval of such resolution by the county legislative body, then the county election commission shall call an election on the question of whether or not the tax should be levied in accordance with this section.
      2. In any county having a population of not less than eight hundred twenty-five thousand (825,000) nor more than eight hundred thirty thousand (830,000), according to the 1990 federal census or any subsequent federal census, if there is a petition of ten percent (10%) of the qualified voters who voted in the county in the last gubernatorial election that is filed with the county election commission within thirty (30) days of final approval of such resolution by the county legislative body, then the county election commission shall call an election on the question of whether or not the tax should be levied in accordance with this section.
   3. The local governing body shall direct the county election commission to call such election to be held in a regular election or in a special election for the purpose of approving or rejecting such tax levy.
   4. The ballots used in such election shall have printed on them the substance of such resolution and the voters shall vote for or against its approval.
   5. The votes cast on the question shall be canvassed and the results proclaimed by the county election commission and certified by it to the local governing body.
   6. The qualifications of voters voting on the question shall be the same as those required for participation in general elections.
   7. All laws applicable to general elections shall apply to the determination of the approval or rejection of this tax levy.
4. Motor Vehicle Tax — Requirements and Limitations.
   1. Any disabled veteran who has one hundred percent (100%) permanent total disability from a service-connected cause or any former prisoner-of-war, as determined by the United States veterans administration, is exempt from the motor vehicle privilege tax imposed by this section or by private act upon submission of evidence of such disability to the officer in the county charged with the responsibility for collecting such tax.
   2. In each county that has levied or may hereafter levy a motor vehicle privilege tax under either this chapter or by private act, the duration or term for which the privilege is issued, method of collection, proration of the amount chargeable for a period of either more or less than a calendar year interval, and the grace period allowable shall be the same as that provided for in § 55-4-104 for payment of state motor vehicle registration fees for all such vehicles described in that section. During the period of transition from the current collection procedure and tax interval to the alternate interval method, each county shall use the same system of fee proration for applicable vehicles as that applied by the state during its transitional period. No resolution of the local governing body or election on the question by qualified voters of the county is required for implementation of these specific provisions.
   3. In each county that has levied or may hereafter levy a motor vehicle privilege tax under either this chapter or by private act, the county legislative body shall determine by resolution whether a resident who operates a motor vehicle in the county shall have a decal or emblem affixed upon the motor vehicle as evidence of compliance and, if a decal or emblem is required by the county legislative body, the place on the motor vehicle at which it shall be affixed. Any person who fails to display the decal or emblem required by a county legislative body under this subdivision (d)(3) commits a Class C misdemeanor. However,  § 7-51-702, concerning nonresident motorists, shall remain in effect.
   4. Any OEM headquarters company may make application to the commissioner of revenue to be exempt from the motor vehicle privilege tax imposed by this section or by private act; provided, however, that the exemption granted under this subdivision (d)(4) shall apply only with respect to OEM headquarters company vehicles. For purposes of this subdivision (d)(4), “OEM headquarters company” and “OEM headquarters company vehicle” have the same meaning as provided in title 55, chapter 1.
   5. 1. For purposes of this subdivision (d)(5), “antique motor vehicle” means any antique motor vehicle, as defined in § 55-4-111, for which a permanent antique motor vehicle registration plate has been or is issued pursuant to § 55-4-111(b) and title 55, chapter 4, part 2.
      2. In each county that has levied or may levy a motor vehicle privilege tax under either this chapter or by private act, the county may, by action of its governing body, either:
         1. Exempt any owner of an antique motor vehicle who resides in the county from liability for the tax; or
         2. In lieu of paying the tax annually, require any owner of an antique motor vehicle who resides in the county to pay the tax on a one-time-only basis upon issuance of a permanent decal or other device pursuant to subdivision (d)(5)(D).
      3. No resolution authorizing an exemption pursuant to subdivision (d)(5)(B)(i) or requiring the one-time payment of the tax pursuant to subdivision (d)(5)(B)(ii), whichever is applicable, shall take effect unless it is approved by a two-thirds (2/3) vote of the county legislative body at two (2) consecutive, regularly scheduled meetings or unless it is approved by a majority of the number of qualified voters of the county voting in an election conducted in accordance with subsection (c) on the question of whether or not owners should be exempted from the tax or liable for the one-time payment of the tax, whichever is applicable.
      4. 1. In any county that approves a resolution requiring the payment of a one-time tax pursuant to subdivision (d)(5)(B)(ii), any owner who has been previously issued a decal or other device evidencing payment of the tax pursuant to this chapter or by private act and any owner who applies for initial issuance of such a decal or device shall be entitled to issuance of a permanent decal or other device upon payment of a one-time-only tax and the fee imposed by subdivision (d)(5)(D)(iii).
         2. The permanent decal or other device shall be nonrenewable and nontransferable and shall be valid so long as the permanent antique motor vehicle registration plate issued to the owner is valid pursuant to § 55-4-111(b)(2).
         3. The county clerk may charge a one-time-only fee for the initial issuance of the permanent decal or other device in an amount sufficient to defray the costs of implementing this subdivision (d)(5)(D).
   6. A veteran or active-duty service member of the armed services is exempt from the motor vehicle privilege tax imposed by this section or by private act for a motor vehicle sold, given, or donated to the veteran or service member if:
      1. The veteran or service member has a service-connected disability as described in 38 U.S.C. § 3901;
      2. The veteran or service member receives a grant from the United States department of veterans affairs, pursuant to 38 U.S.C. §§ 3901-3904; and
      3. The grant is used to provide or assist in providing the vehicle to the veteran or service member.

Acts 1915, ch. 101, § 2; Shan., § 1916a1; Code 1932, § 3329; modified; Acts 1976, ch. 618, § 1; 1977, ch. 76, § 1; impl. am. Acts 1978, ch. 934, §§ 22, 36; T.C.A. (orig. ed.), § 5-802; Acts 1983, ch. 409, § 1; 1984, ch. 510, § 1; 1984, ch. 773, § 1; 1985, ch. 42, § 1; 1986, ch. 530, § 1; 1989, ch. 591, § 113; 1993, ch. 518, §§ 17, 21; 2009, ch. 530, § 126; 2014, ch. 547, § 1; 2018, ch. 541, § 2.

Compiler's Notes. For table of U.S. decennial populations of Tennessee counties, see Volume 13 and its supplement.

Acts 2018, ch. 541, § 4 provided that the act, which amended this section, shall apply to any vehicle sold, given, or donated to a veteran or active-duty service member on or after March 5, 2018.

Amendments. The 2018 amendment added (d)(6).

Effective Dates. Acts 2018, ch. 541, § 4. March 5, 2018.

Cross-References. Collection of motor vehicle fees, § 7-51-703.

Local Option Revenue Act, title 67, ch. 6, part 7.

Penalty for Class C misdemeanor, § 40-35-111.

Privilege and excise taxes, title 67, ch. 4.

Registration plates furnished by department, § 55-4-103.

Renewal certificates of registration and registration plates, § 55-4-105.

Textbooks. Tennessee Jurisprudence, 4 Tenn. Juris., Automobiles, § 26; 17 Tenn. Juris., Licenses, § 5.

Attorney General Opinions. Constitutionality of public and private acts authorizing county tax and exemptions, OAG 85-199, 1985 Tenn. AG LEXIS 96 (6/19/85).

Constitutionality of county wheel tax, OAG 87-142, 1987 Tenn. AG LEXIS 59 (8/21/87).

Referenda elections frequency, OAG 91-71 (8/1/91).

Wheel tax; voting requirements to sign referendum petition, OAG 91-102, 1991 Tenn. AG LEXIS 112 (12/23/91).

Maximum county wheel tax authorized by statute, OAG 96-098 (7/31/96).

County wheel tax not limited by § 67-1-602, OAG 97-109, 1997 Tenn. AG LEXIS 142 (8/06/97).

Under T.C.A. § 5-8-102, county legislative body can choose between (1) approving a wheel-tax resolution by two-thirds vote at two consecutive, regularly scheduled meetings, subject to the voters’ ability to petition for a referendum on the wheel tax, or (2) by a simple majority vote directing that the wheel tax issue be decided directly by the voters in an election, rather than by the county legislative body itself, OAG 08-171, 2008 Tenn. AG LEXIS 193 (11/5/08).

Validity of petition for referendum on county “Wheel Tax”.  OAG 11-1, 2011 Tenn. AG LEXIS 1 (1/4/11).

Authority to choose vehicles subject to wheel tax under T.C.A. § 5-8-102(b); rates for different vehicles; exemptions from tax.  OAG 12-18, 2012 Tenn. AG LEXIS 18 (2/22/12).

When a county has imposed a motor vehicle privilege tax under the authority of T.C.A.  § 5-8-102, the rate of that tax may be increased or decreased only by following the procedure set out in § 5-8-102(c)., which requires a two-thirds majority vote at two consecutive, regularly-scheduled meetings. OAG 15-29, 2015 Tenn. AG LEXIS 29 (4/1/15).

5-8-103. Exempt or taxable property, privileges.

The property and privileges that are taxable or exempt from taxation, for county purposes, are the same that are taxable or exempt from taxation for state revenue.

Code 1858, § 483; Shan., § 645; Code 1932, § 1036; Acts 1979, ch. 23, § 6; T.C.A. (orig. ed.), § 5-803.

Cross-References. Privilege taxes, exemptions, § 67-4-102.

Property taxes, exemptions, title 67, ch. 5, part 2.

5-8-104. Fines applied to county use.

Fines, amercements, forfeitures, and recoveries in prosecutions for offenses below the grade of petit larceny, shall be applied to the use of the county where they originate.

Code 1858, § 486 (deriv. Acts 1835-1836, ch. 55, § 2); Shan., § 646; Code 1932, § 1037; T.C.A. (orig. ed.), § 5-804.

Cross-References. Fines accruing to state, § 40-24-106.

Attorney General Opinions. Remittance of fines and forfeitures from state misdemeanors, OAG 99-174, 1999 Tenn. AG LEXIS 134 (9/9/99).

5-8-105. Fines adjudged by general sessions judges.

Fines and forfeitures arising in pursuance of the judgment of any judge of the court of general sessions, on any penal statute, shall belong to the county.

Code 1858, § 487 (deriv. Acts 1815, ch. 131, § 1); Shan., § 647; Code 1932, § 1038; impl. am. Acts 1979, ch. 68, § 3; T.C.A. (orig. ed.), § 5-805.

Attorney General Opinions. Remittance of fines and forfeitures from state misdemeanors, OAG 99-174, 1999 Tenn. AG LEXIS 134 (9/9/99).

5-8-106. Revenue docket.

A book, to be called the revenue docket, shall be kept by the county clerk, in which the county clerk shall record all the sources of the county revenue, whether consisting of taxes upon property, or upon sales of merchandise and patent medicines, or on the exercise of privileges, or of fines and forfeitures, or otherwise.

Code 1858, § 495; Shan., § 653; Code 1932, § 1052; impl. am. Acts 1963, ch. 14, § 1; impl. am. Acts 1973, ch. 226, § 4; impl. am. Acts 1978, ch. 934, §§ 22, 36; T.C.A. (orig. ed.), § 5-806.

Cross-References. Entry of appropriations and allowances, § 5-9-304.

5-8-107. Use of revenue, generally.

1. Any revenue of a county, the use of which is not otherwise expressly restricted, and that is derived from taxes levied by the state and distributed to the various counties, from which taxes the cities likewise receive a portion thereof from the state collection, and any revenue of a county derived solely from taxes on privileges exercised in that county outside the corporate limits of any city, may be spent in such manner as the local governing body of each county shall direct, including, but not limited to, the retirement of bonds issued by such county, regardless of the obligation recited in the bond issue for the servicing and retirement thereof.
2. This section shall not affect municipal revenues.

Acts 1959, ch. 162, § 1; T.C.A., § 5-835.

5-8-108. Authority to seek and use public funds.

Counties of this state, acting through their appropriate governing bodies, have the power and are authorized to apply for, receive and disburse for public purposes grants, loans and funds from the federal and state governments or any department or agency thereof authorized to administer grant, loan or similar programs.

Acts 1975, ch. 153, § 1; T.C.A., § 5-836.

Cross-References. Appropriation and disbursement of county funds, title 5, ch. 9.

Part 2
Bank Accounts

5-9-101. Miscellaneous purposes.

The county legislative body may appropriate moneys as follows:

1. For the payment of jurors;
2. For the payment of costs of criminal prosecutions chargeable by law to the county;
3. For the support of people who are indigent or have mental illness or intellectual or developmental disabilities;
4. For the burial or cremation expenses of any poor person dying in the county, leaving no means to pay for the same;
5. For the purchase of record books for the use of the circuit and chancery court clerks, the county clerk and the county register;
6. To pay solicitors, sheriffs and clerks for ex officio services;
7. To pay clerks for making out tax lists;
8. To pay the county mayor for the county mayor's services as financial agent of the county;
9. To pay the county mayor for other services;
10. To pay commissioners for settling with the officers entrusted with the collection of the public or county revenue;
11. For building, repairing and taking care of courthouses, jails and other county buildings;
12. For purchasing tools for overseers of roads;
13. For weights and measures;
14. For building bridges; but no county legislative body of this state shall appropriate any moneys to repair or build any bridges on chartered turnpike roads that charge and collect toll;
15. To compensate a judge of the court of general sessions and officers concerned in the arrest and examination of a person charged with a felony, as provided in this code;
16. For exhibits and buildings and other permanent improvements for or at county and state fairs;
17. For aiding farmers' cooperative demonstration work;
18. For public and permanent statutes of this state;
19. Toward the construction or maintenance of a public market house;
20. Toward the printing of histories of the county, and further in aid of the construction of markers or monuments of a historical character within the bounds of the county and toward the acquisition and development of historic sites, structures and buildings in the county;
21. To purchase all necessary equipment for use by the sheriff of the county for the preservation of the peace and for the service and execution of all process, criminal and civil, and to pay the salaries of deputy sheriffs appointed pursuant to title 8, chapter 20;
22. To make appropriations for the purpose of participating with the federal government in community planning services and training of older people or senior citizens in accordance with the Older Americans Act of 1965 (42 U.S.C. § 3001 et seq.);
23. To nonprofit volunteer fire departments or to nonprofit county-wide fire departments authorized by § 5-17-101, upon such terms as may be agreed to by the county legislative bodies;
24. To make appropriations for the purpose of participating with either the state or federal government, or both of them, to provide services and facilities for people with mental illness or intellectual or developmental disabilities;
25. To appropriate funds for any project otherwise statutorily authorized; and
26. For economic and community development.

Code 1858, § 4215 (deriv. Acts 1827, ch. 49, § 14; 1833, ch. 89, §§ 1, 2; 1833, ch. 92, § 16; 1855-1856, ch. 145, § 1); 1879, ch. 192, § 1; 1907, ch. 513, § 1; 1913 (1st Ex. Sess.), ch. 27, § 1; 1915, ch. 148, § 1; 1917, ch. 27, § 1; 1917, ch. 43, § 1; Shan., § 6045; Acts 1919, ch. 72, § 1; mod. Code 1932, § 10242; Acts 1943, ch. 91, § 1; C. Supp. 1950, § 10242; Acts 1951, ch. 4, § 1; modified; impl. am. Acts 1963, ch. 14, § 1; Acts 1967, ch. 57, § 1; 1971, ch. 8, § 1; 1975, ch. 9, § 1; 1976, ch. 647, § 1; 1978, ch. 674, § 3; impl. am. Acts 1978, ch. 934, §§ 7, 16, 22, 36; impl. am. Acts 1979, ch. 68, § 3; T.C.A. (orig. ed.), § 5-901; Acts 1980, ch. 731, §§ 1-3; 1986, ch. 725, § 1; 1989, ch. 189, § 1; 2003, ch. 51, § 1; 2003, ch. 90, § 2; 2011, ch. 158, § 4.

Compiler's Notes. Acts 2003, ch. 90, § 2, directed the code commission to change all references from “county executive” to “county mayor” and to include all such changes in supplements and replacement volumes for the Tennessee Code Annotated.

Cross-References. Advertising and tourist promotion, appropriations, title 5, ch. 9, part 2.

Ambulance service, title 7, ch. 61.

Armories, authority to provide, §§ 58-1-508, 58-1-509.

Audit, expenses, § 8-15-104.

Books for register, furnishing, § 10-7-102.

Cemeteries, funds for maintenance, § 46-2-107.

Children's receiving homes, appropriations, § 37-2-302.

Civil defense, federal aid for, § 58-2-124.

Contributions to public welfare hospitals, §§ 68-11-504 — 68-11-506.

County taxes paid under protest, § 67-1-912.

Defense, appropriations of money or property for, § 58-1-510.

Deputy sheriffs, appropriation for payment, § 8-22-111.

Drainage, levee or improvement districts, preliminary expenses, advancement, § 69-6-132.

Educational institutions, contributions to tax-supported colleges, universities and institutions of higher learning, § 49-7-108.

Financing for state emergency management agency, § 58-2-109.

Health demonstration work in state department of health, making appropriations for, § 68-1-105.

Highway safety program, title 55, ch. 20.

Library, establishment authorized, contracting for, § 10-3-101.

Obtaining state disaster relief funds, § 58-2-501.

Option to redesignate county mayor as county executive by private act, § 5-6-101.

Record books, authority to have rebound, § 10-7-119.

Reimbursement for personnel and property, § 58-2-115.

Use of county revenue, generally, § 5-8-107.

Veterans' memorials, erection, title 58, ch. 4, part 2.

Veterans' service offices, title 58, ch. 3.

Textbooks. Tennessee Jurisprudence, 8 Tenn. Juris., Counties, § 24; 16 Tenn. Juris., Judges, § 9; 20 Tenn. Juris., Paupers, § 1; 22 Tenn. Juris., Schools, § 28.

Attorney General Opinions. Funding volunteer fire departments, OAG 97-141, 1997 Tenn. AG LEXIS 175 (10/14/97).

County executive's [now county mayor's] authority over sheriff's department purchasing, OAG 99-051, 1999 Tenn. AG LEXIS 48 (3/4/99).

Funding volunteer fire service, OAG 07-087, 2007 Op. Atty Gen. Tenn. 1 (6/5/07).

Clarification of OAG 07-087, 2007 Tenn. AG LEXIS 134 (6/5/07), regarding funding of volunteer fire departments, OAG 07-134, 2007 Tenn. AG LEXIS 134 (9/11/07).

No state law or constitutional provision requires a local government to provide a burial, cremation, or other funeral services for indigent individuals. State law requires only that each county cover the expenses, when necessary, for the burial or cremation of unclaimed bodies by the coroner or medical examiner. OAG 18-13, 2018 Tenn. AG LEXIS 14 (3/20/2018).

5-9-102. State and county fairs.

The county legislative bodies are empowered to make appropriations of money to provide for exhibits of their agriculture, horticulture, and mineral products and resources and manufactured products and the erection of buildings and other permanent improvements at the fairs to be held within the respective counties, and for exhibits of their agriculture, horticulture, and mineral products and resources and manufactured products and the erection of buildings at the Tennessee state fair held annually at Nashville, under the management of the Tennessee State Fair Association; and to provide ways and means and prescribe rules and regulations governing the expenditure of any moneys so appropriated.

Acts 1907, ch. 513, § 1; Shan., § 373a28; Acts 1919, ch. 72, § 1; Code 1932, § 10250; impl. am. Acts 1978, ch. 934, §§ 7, 36; T.C.A. (orig. ed.), § 5-902.

5-9-103. Market houses.

The county legislative body is authorized to appropriate money towards the construction or maintenance of a public market house, to be erected within the confines of the county, and to be used for general public market purposes.

Acts 1917, ch. 27, § 1; Shan., § 6050a1; Code 1932, § 10256; impl. am. Acts 1978, ch. 934, §§ 7, 36; T.C.A. (orig. ed.), § 5-903.

5-9-104. Farmers' extension work.

The county legislative bodies are empowered to appropriate annually such an amount of money as may be deemed necessary or expedient in order to cooperate with the division of extension of the college of agricultural sciences and natural resources of the University of Tennessee, in its farm demonstration and agricultural extension work, to be conducted by such college in cooperation with the United States department of agriculture through the Smith-Lever bill (7 U.S.C. § 341 et seq.), the farmer's demonstration work, or other work supported by acts of congress, or in its extension work to be conducted through appropriations from the state, or through moneys received from any other source.

Acts 1913 (1st Ex. Sess.), ch. 27, § 1; 1915, ch. 148, § 1; Shan., § 373a29; Code 1932, § 10251; impl. am. Acts 1978, ch. 934, §§ 7, 36; T.C.A. (orig. ed.), § 5-904.

5-9-105. Purchases of code.

1. The county legislative body, composed of the members thereof, is authorized to purchase, from time to time, compilations of the public and permanent statutes of this state, for the use of judges of the court of general sessions and county officers, and to make appropriations of county funds for such purpose.
2. 1. No judge of the court of general sessions or county officer furnished with a compilation under this section shall acquire any personal ownership or title thereto, but all such compilations shall be and remain the property of the county.
   2. All laws pertaining to the preservation, safekeeping and transmission of official books and papers from incumbents to their successors in office shall be in force and applicable to all copies of compilations purchased under this section.

Acts 1917, ch. 43, §§ 1, 2; Shan., §§ 6050a2, 6050a3; Code 1932, §§ 10257, 10258; impl. am. Acts 1978, ch. 934, §§ 7, 36; impl. am. Acts 1979, ch. 68, § 3; T.C.A. (orig. ed.), § 5-905.

5-9-106. Soil conservation.

1. The county legislative bodies in all counties having soil conservation districts are hereby authorized and empowered to:
   1. Appropriate county funds for the purchase of equipment that is not available locally on a fair rental basis as may be needed in conservation work;
   2. Employ such secretarial help as may be needed;
   3. Purchase such office equipment and supplies as may be needed;
   4. Pay for the rental of office space; and
   5. Promote projects that are considered beneficial to the soil conservation program.
2. After the funds are appropriated, they shall be paid out in accordance with the resolution of the county legislative body but under the supervision of the supervisors of the district for which the funds were appropriated, and county warrants shall be drawn and issued in the same way and manner as the law prescribes for warrants to be drawn and issued against the county's general fund.

Acts 1957, ch. 370, § 1; impl. am. Acts 1978, ch. 934, §§ 7, 36; T.C.A., § 5-923.

Cross-References. Soil conservation districts, title 43, ch. 14, part 2.

5-9-107. Watershed development.

1. Any county may make financial contributions to any watershed development authority created by special act of the general assembly, where a portion or all of the watershed development administered by such authority lies within the territory of such county.
2. Such contributions shall only be made when authorized by the legislative body of such county, and from the general funds of the county. No special tax may be levied therefor.
3. The amount of such contribution shall be as fixed by such county legislative body and sanctioned thereby as a county purpose, the development of which being beneficial to such county.

Acts 1965, ch. 339, § 1; T.C.A., § 5-930.

5-9-108. Medical services.

1. The county legislative body or governing body of each county is authorized and empowered in its discretion to appropriate from the general funds of such county a sum of money for the purpose of defraying the cost of acquiring real estate and partially funding the operation of a nonprofit corporation that provides, through the national health service corps, medical services to members of the community for a fee and to indigent patients without charge; provided, that such nonprofit corporation is eligible for financial assistance by agencies of the state or federal government under any of its programs.
2. Any funds appropriated for this purpose need not be repaid to the county by the nonprofit corporation.

Acts 1973, ch. 148, § 1; impl. am. Acts 1978, ch. 934, §§ 7, 36; T.C.A., § 5-931.

5-9-109. Charitable and civic organizations.

1. 1. The county legislative body or governing body of each county may appropriate funds for the financial aid of any nonprofit charitable organization, any chamber of commerce, exempt from taxation pursuant to the Internal Revenue Code of 1954, § 501(c)(6) (26 U.S.C. § 501(c)(6)), or any nonprofit civic organization in accordance with the guidelines required by subsection (b).
   2. For the purposes of this section:
      1. A nonprofit charitable organization is one in which no part of the net earnings inures or may lawfully inure to the benefit of any private shareholder or individual and that provides services benefiting the general welfare of the residents of the county; and
      2. A nonprofit civic organization means a civic organization exempt from taxation pursuant to § 501(c)(4) of the Internal Revenue Code (26 U.S.C. § 501(c)(4)), that operates primarily in the county for the purpose of bringing about civic betterments and social improvements through efforts to maintain and increase employment opportunities in the county by promoting industry, trade, commerce, tourism and recreation by inducing manufacturing, industrial, governmental, educational, financial, service, commercial, recreational and agricultural enterprises to locate in or remain in the county.
   3. The statement of public policy set forth in Acts 1955, chapter 209, § 3 is hereby incorporated into and made a part of this section, and it is hereby determined and declared that appropriations authorized by this section are needed to relieve the emergency created by the continuing migration from Tennessee and its counties of a large number of its citizens in order to find employment elsewhere, and to enable the counties of the state to assist nonprofit organizations in furthering the economic development, social welfare and common good of its residents.
2. Each county legislative body shall devise guidelines directing for what purposes the appropriated money may be spent. These guidelines shall provide generally that any funds appropriated shall be used to promote the general welfare of the residents of the county. Any funds appropriated under this section shall be used and expended under the direction and control of the county legislative bodies.
3. 1. Any nonprofit organization that desires financial assistance from the county legislative body or the governing body of the county shall file with the county clerk a copy of an annual report of its business affairs and transactions, which includes, but is not limited to, a copy of an annual audit, a description of the program that serves the residents of the county, and the proposed use of the county assistance.
   2. Such report will be open for public inspection during the regular business hours of the county clerk's office.
   3. Any nonprofit organization that desires such financial assistance may file, in lieu of the annual audit, an annual report detailing all receipts and expenditures in a form prescribed by the comptroller of the treasury.
   4. Such report shall be prepared and certified by the chief financial officer of such nonprofit organization.
   5. Financial reports shall be available to fiscal officers of the county and shall be subject to audit under § 4-3-304.
4. Appropriations to nonprofit organizations other than charitable organizations may be made only when notices have been published in a newspaper of general circulation in the county of the intent to make an appropriation to a nonprofit but not charitable organization, specifying the intended amount of the appropriation and the purposes for which the appropriation will be spent.

Acts 1976, ch. 696, § 1; 1977, ch. 120, § 1; impl. am. Acts 1978, ch. 934, §§ 7, 22, 36; Acts 1979, ch. 132, § 1; T.C.A., § 5-932; Acts 1984, ch. 820, §§ 1, 3; 1989, ch. 62, § 1; 1992, ch. 545, §§ 1, 2; 1995, ch. 106, § 1; 1999, ch. 38, § 1; 2010, ch. 740, § 1; 2017, ch. 123, § 1.

Code Commission Notes.

Section 3 of Acts 1955, ch. 209, reads as follows:

“That it is hereby determined and declared that the purpose of this act is to do that which the state welfare demands, and the state public policy requires:

“(a)  That the migration and loss of the people of Tennessee, who are compelled to leave the territorial limits of the state, daily, weekly, monthly and yearly to obtain employment and earn a livelihood be retarded and reduced.

“(b)  That the conditions of unemployment existing statewide in Tennessee be relieved thereby reducing the evils attendant thereto.

“(c)  That the average family income in Tennessee be raised and increased as much as possible, but to an amount at least the average over the United States.

“(d)  That a means be provided for the citizens of communities to promote and develop industry in their areas, when it is possible for them to do so in their separate and individual capacities.

“(e)  That a balanced economic development highly essential to the welfare of this state be promoted.

“(f)  That the reconversion from war time and civil defense economy to peace time pursuits be expedited by a program for readjustment of employment to accord with employment problems necessarily arising from changed conditions.

“(g)  That the present and prospective health, safety, morals, pursuit of happiness, right to gainful employment and the general welfare of the citizens demand as a public purpose, the development within Tennessee of commercial, industrial, agricultural and manufacturing enterprises by the several municipalities.

“(h)  That the means and measures herein authorized to promote such enterprises are, as a matter of public policy, for the public purposes of the several municipalities, and the state of Tennessee.

“(i)  That the present and prospective promotion of health, safety, morals, pursuit of happiness, right to gainful employment, and the general welfare of the state requires the measures that are herein and hereby authorized, and to that end will afford ready and attractive markets for farm and garden products, for the development of natural resources, and for the conversion of raw materials of farm, mine and forest into finished products for the general welfare of each of such municipalities, and the entire people of the state.

“(j)  That the accomplishment of the things herein authorized to be done by the several municipalities will give to them local benefits peculiar to each, and general benefits to the entire state.”

Amendments. The 2017 amendment added “in a form prescribed by the comptroller of the treasury” at the end of (c)(3).

Effective Dates. Acts 2017, ch. 123, § 3. April 12, 2017.

Attorney General Opinions. Local community groups as nonprofit organizations under T.C.A. § 5-9-109.  OAG 10-19, 2010 Tenn. AG LEXIS 14 (2/23/10).

5-9-110. Animal welfare.

The several counties of the state, after the affirmative vote on reference of the question to the people, shall be empowered to levy a tax and provide for the administration of its proceeds for the purpose of securing humane treatment of animals therein that are not subject to the state game and fish laws.

Acts 1981, ch. 267, § 1.

5-9-111. Funds for dues of associations composed of or for the benefit of county officeholders.

1. The legislative body of each county is authorized to appropriate funds for the purpose of defraying the cost of dues to associations of particular county officeholders or associations made up of groups of county officeholders.
2. If the county legislative body of a county appropriates funds for the dues in such association for the benefit of the county mayor, county highway superintendent or members of the county legislative body, then such an appropriation sufficient to pay the cost of the annual association dues in an amount not to exceed one hundred dollars ($100) of the assessor of property, county clerk, state court clerks, sheriff, register of deeds and trustee in at least one (1) such association, as designated by the officeholder, shall be likewise appropriated by the county legislative body, upon the request of the officials. The county legislative body is authorized to appropriate sufficient amounts in excess of one hundred dollars ($100) to pay such association dues in the discretion of the county legislative body.
3. No such funds appropriated shall be used for lobbying activities as defined in § 3-6-102, for the purpose of influencing legislative action relative to benefits or salaries of the association's members.

Acts 1987, ch. 401, § 1; 1994, ch. 887, § 1; 2003, ch. 90, § 2.

Compiler's Notes. Acts 2003, ch. 90, § 2, directed the code commission to change all references from “county executive” to “county mayor” and to include all such changes in supplements and replacement volumes for the Tennessee Code Annotated.

Cross-References. Option to redesignate county mayor as county executive by private act, § 5-6-101.

5-9-112. Assistance to low-income elderly residents.

1. The legislative body of each county is authorized to appropriate funds for the purpose of providing assistance to low-income elderly residents of the county.
2. If a county chooses to provide assistance, such funds shall be appropriated on an annual basis based on the particular needs of eligible persons, as determined by the county legislative body.
3. The county legislative body is authorized to develop guidelines for eligibility and participation in applying for assistance authorized pursuant to this section.

Acts 1990, ch. 882, § 1.

5-9-113. Affordable housing and workforce housing.

1. The county legislative body of any county with a metropolitan government and a population not less than five hundred thousand (500,000), according to the 2010 federal census or any subsequent federal census, is authorized to appropriate funds for affordable housing or workforce housing.
2. As used in this section:
   1. “Affordable housing” means housing that, on an annual basis, costs thirty percent (30%) or less than the estimated median household income for households earning sixty percent (60%) or less of the area median income for the Nashville-Davidson County metropolitan statistical area as determined by the United States department of housing and urban development, adjusted for family size; and
   2. “Workforce housing” means housing that, on an annual basis, costs thirty percent (30%) or less than the estimated median household income for households earning more than sixty percent (60%) and not to exceed one hundred twenty percent (120%) of the area median income for the Nashville-Davidson County metropolitan statistical area as determined by the United States department of housing and urban development, adjusted for family size.

Acts 2015, ch. 377, § 1; 2018, ch. 791, § 1.

Amendments. The 2018 amendment, inserted “of any county with a metropolitan government and a population not less than five hundred thousand (500,000), according to the 2010 federal census or any subsequent federal census,” in (a); in (b)(1), substituted “sixty percent (60%) or less of” for “sixty percent (60%) or less than”; and, near the end of (b)(1) and at the end of (b)(2), substituted “the area median income for the Nashville-Davidson County metropolitan statistical area as determined by the United States department of housing and urban development, adjusted for family size” for “the median household income for the applicable county based on the number of persons in the household, as established by the ‘Median Household Income in the Past 12 Months by Household Size’ (B19019) from the most recently available United States Census Bureau American Community Survey”.

Effective Dates. Acts 2015, ch. 377, § 2. May 8, 2015.

Acts 2018, ch. 791, § 2. April 20, 2018.

Attorney General Opinions. Legislation providing that a metropolitan government may issue bonds and notes under the Local Government Public Obligations Act must provide for a referendum. OAG 16-07, 2016 Tenn. AG LEXIS 7 (2/24/2016).

Part 2
Advertising and Tourist Promotion

5-14-101. Short title.

This part shall be known and may be cited as the “County Purchasing Law of 1957.”

Acts 1957, ch. 312, § 1; T.C.A., § 5-1401.

Cross-References. Applicability to county election commission, administrator of elections, or any county election official, § 2-12-210.

Centralized purchasing procedure to be utilized, § 8-22-107.

County financial management system, purchasing provisions, §§ 5-21-118 — 5-21-120.

Public contracts, title 12, ch. 4.

Textbooks. Tennessee Jurisprudence, 8 Tenn. Juris., Counties, § 27.

5-14-102. Local approval.

1. 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 or other governing body of the county approving this law, or upon the contingency of the majority of the voters casting votes in any election held for this purpose approving this law.
2. 1. The procedure for elections held for the purpose of approving this law shall be that the county election commission shall call and conduct an election within thirty (30) days 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.
   2. The number of qualified voters in the county is 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, or other governing body, duly certified to the election commission, requesting such an election.
   3. 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 Purchasing Law of 1957” and “Against the County Purchasing Law of 1957.”

Acts 1957, ch. 312, § 2; impl. am. Acts 1972, ch. 740, § 7; impl. am. Acts 1978, ch. 934, §§ 7, 36; T.C.A., § 5-1402.

5-14-103. Purchasing agent — Appointment — Compensation — Staff.

1. The county mayor of any county that has adopted this part shall appoint, with the approval of the county legislative body or other governing body, a purchasing agent who shall be a county employee.
2. A purchasing agent shall be qualified by training and experience to perform the purchasing agent's duties in a proficient manner and in accordance with generally recognized principles of governmental purchasing and in accordance with this part.
3. 1. Before assuming the purchasing agent's duties, a purchasing agent shall execute a corporate surety bond, the amount of which shall be established by the county mayor at not less than one hundred thousand dollars ($100,000).
   2. The bond shall be prepared in accordance with title 8, chapter 19, approved by the county legislative body, recorded in the office of the county register of deeds and transmitted to the office of the county clerk for safekeeping.
   3. The premium for such bond shall be paid from the county general fund.
4. The compensation of the purchasing agent, which shall not be in excess of compensation allowed county officials in accordance with §§ 8-24-101 and 8-24-102, shall be set annually by the county legislative body or other governing body; and the amount of such compensation, the compensation of such clerks and assistants as may be needed, and the other necessary expenses of this office shall be provided for by annual appropriation made by the county legislative body or other governing body from the county general fund.
5. The purchasing agent has the power, in accordance with such regulations as may be established by the county mayor, to appoint and remove the purchasing agent's assistants, to prescribe their duties, and to fix their salaries within the limits of the annual appropriation made therefor.

Acts 1957, ch. 312, § 3; impl. am. Acts 1978, ch. 934, §§ 7, 16, 36; T.C.A., § 5-1403; Acts 1998, ch. 677, § 4; 2003, ch. 90, § 2; 2013, ch. 315, §§ 13, 14.

Compiler's Notes. Acts 2003, ch. 90, § 2, directed the code commission to change all references from “county executive” to “county mayor” and to include all such changes in supplements and replacement volumes for the Tennessee Code Annotated.

Acts 2013, ch. 315, § 31 provided that the act, which amended subsection (c), shall apply to the renewal or obtaining an official bond for any bonding after April 29, 2013.

Cross-References. County financial management system, finance director as purchasing agent, § 5-21-118.

Option to redesignate county mayor as county executive by private act, § 5-6-101.

5-14-104. Purchasing agent — Office.

1. Necessary office space and equipment for the use of the purchasing agent shall be provided and maintained at the county seat of such county.
2. Such office shall be open for business during the usual hours observed by other officials of the county government.

Acts 1957, ch. 312, § 14; T.C.A., § 5-1404.

5-14-105. Purchasing agent — Powers and duties.

The county purchasing agent has exclusive power and it is the purchasing agent's duty to:

1. Contract for and purchase all supplies, materials, equipment and contractual services required by each and every official, agency, office, department or employee of the county government, or that is supported by, or under control of, the county government and that expends or encumbers any of the county's funds. No other official, employee or agent of the county or of any of its departments or agencies shall be authorized to contract for or purchase any such materials, supplies, equipment or contractual services;
2. Arrange for the rental of machinery, buildings or equipment when the rents are to be paid out of funds belonging to the county or any department, institution or agency thereof; and no other official, employee or agent of the county shall have the right or power to make any contract for such rental;
3. Transfer materials, supplies and equipment to or between county departments and agencies as may be needed for the proper and efficient administration of the county government; and
4. Have charge of any central storeroom or central mailing room or similar services that may hereafter be established for the efficient and economical handling of the county's business.

Acts 1957, ch. 312, § 4; T.C.A., § 5-1405.

Attorney General Opinions. Authority of juvenile court to assess fees for services provided to the juvenile, OAG 99-147, 1999 Tenn. AG LEXIS 161 (7/30/99).

5-14-106. County purchasing commission.

1. A county purchasing commission is hereby created.
2. 1. The commission shall consist of five (5) members, one (1) of whom shall be the county mayor; the remaining four (4) shall be appointed by the county mayor with the approval of the county governing body.
   2. The members of the commission need not be members of the county governing body.
3. Such commission shall elect its own chair and shall meet from time to time as it may deem necessary for the discharge of its duties.
4. It is the duty of the commission to assist the purchasing agent in the determination of overall purchasing policies and in the establishment and promulgation, in accordance with this part, of rules, regulations and procedures to be followed in the making of purchases and contracts for purchase for the county. The actual administration of such activity shall be the sole responsibility of the purchasing agent.

Acts 1957, ch. 312, § 5; impl. am. Acts 1978, ch. 934, §§ 16, 36; T.C.A., § 5-1406; Acts 2003, ch. 90, § 2.

Compiler's Notes. Acts 2003, ch. 90, § 2, directed the code commission to change all references from “county executive” to “county mayor” and to include all such changes in supplements and replacement volumes for the Tennessee Code Annotated.

Cross-References. Option to redesignate county mayor as county executive by private act, § 5-6-101.

Attorney General Opinions. T.C.A. § 45-2-405 authorizes any officer, director, or employee of any bank to serve in any local office, including on the county commission, the county budget committee, or the county purchasing commission, so long as he or she discloses the position to the bank and the local government, OAG 07-141, 2007 Tenn. AG LEXIS 141 (10/10/07).

A shareholder of a bank that conducts business with the county is prohibited from serving as a county commissioner, or as a member of the county budget committee or the county purchasing commission, OAG 07-141, 2007 Tenn. AG LEXIS 141 (10/10/07).

5-14-107. Rules and regulations.

The county purchasing agent, with the assistance of the county purchasing commission, shall adopt, promulgate, and may from time to time amend, rules and regulations for the purchase of supplies, materials, equipment and contractual services and specifically for the following purposes:

1. Authorizing in writing any department, official or agency of the county government to make purchases in the open market for immediate delivery in emergencies, defining such emergencies, describing the manner in which such emergency purchases shall be made and promptly afterward reported to the county purchasing agent;
2. Prescribing the manner in which supplies, materials and equipment shall be requisitioned, purchased, delivered, stored and distributed, and providing that such shall be conducted in accordance with this part;
3. Prescribing the dates for submitting requisitions and estimates, the future period they are to cover, the form in which they are to be submitted, the manner of their authentication, and their revision by the county purchasing agent;
4. Prescribing the manner of inspecting all deliveries of supplies, materials and equipment, and of making or procuring chemical and physical tests of samples submitted with bids and samples of deliveries to determine compliance with specifications;
5. Requiring periodical and special reports by county departments, agencies, and employees of stocks of surplus, unusable or obsolete supplies and equipment on hand and prescribing the form of such reports;
6. Providing for the transfer to or between county departments and agencies of supplies and equipment on hand, that are surplus with one (1) department or agency, but that may be needed by another or others, and for the disposal by sale, after receipt of competitive bids, of supplies, materials and equipment that are obsolete or unusable;
7. Determining whether a deposit or bond is to be submitted with a bid on a purchase contract or sale, and if required, prescribing the amount and form thereof, and providing that such surety shall be forfeited if the successful bidder refuses to enter into contract ten (10) days after the award;
8. Prescribing the manner in which invoices for supplies, materials, equipment and contractual services delivered to any and all departments, agencies and offices of the county shall be submitted, examined and approved;
9. Providing for all other such matters as may be necessary to give effect to the foregoing rules and to this part; and
10. Prescribing the manner in which public auctions for the sale of county-owned property, real or personal, that has become surplus, obsolete or unusable shall be conducted.

Acts 1957, ch. 312, § 4; T.C.A., § 5-1405; Acts 1984, ch. 647, § 1.

Textbooks. Tennessee Jurisprudence, 8 Tenn. Juris., Counties, § 27.

5-14-108. Purchases, sales, etc. — Bidding, auctions.

1. 1. All purchases of and contracts for purchases of supplies, materials, equipment and contractual services, and all contracts for the lease or rental of equipment, and all sales of county-owned property that has become surplus, obsolete or unusable, shall be based wherever possible on competitive bids.
   2. Contracts for legal services, auditing services by certified public accountants, and similar services by professional persons or groups of high ethical standards shall not be based upon competitive bids but shall be awarded on the basis of recognized competence and integrity.
   3. Bids need not be required for services for which the rate or price is fixed by a public authority authorized by law to fix such rates or prices.
   4. The prohibition in this subsection (a) against competitive bidding shall not prohibit the county from interviewing eligible persons or groups to determine the capabilities of such persons or groups.
2. The county may purchase materials, supplies, commodities and equipment from any federal, state or local governmental unit or agency, without conforming to the competitive bidding requirements of this part.
3. 1. If the amount of the expenditure or sale is estimated to exceed five hundred dollars ($500), sealed bids shall be solicited, unless the county legislative body by resolution establishes a higher amount not to exceed ten thousand dollars ($10,000).
   2. The county legislative body by resolution may exempt perishable commodities from the requirements of sealed or competitive bidding when such items are purchased in the open market.
   3. The county purchasing agent shall solicit sealed bids by public notice inserted at least once in a newspaper of county-wide circulation, five (5) days prior to the final date for submitting bids or by posting notices on a public bulletin board in the county courthouse.
   4. The county purchasing agent shall also, when deemed necessary or desirable, solicit sealed bids by sending requests by mail to prospective suppliers.
   5. All such notices shall include a general description of the commodities or contractual services to be purchased or property to be sold, and shall state where bid blanks and specifications may be obtained and the time and place of opening bids.
4. 1. All purchases or sales in amounts that do not require bid solicitation pursuant to subsection (c) may be made by the county purchasing agent in the open market without newspaper notice, but shall whenever possible be based upon at least three (3) competitive bids.
   2. Requisitions for items estimated to cost an amount such as to require public newspaper notice shall not be subdivided in order to circumvent the requirement for public newspaper notice as herein provided.
   3. All sales by the purchasing agent shall be made to the highest responsible bidder.
5. Bids on purchases shall in all cases be based on such standards as may be adopted and promulgated by the county purchasing agent and approved by the county purchasing commission.
6. All open market purchase orders or contracts made by the county purchasing agent or in extreme emergencies by any county department or agency shall be awarded to the lowest and best bidder, taking into consideration the qualities of the articles to be supplied, their conformity with specifications, their suitability to the requirements of the county government, and the delivery terms. Any or all bids may be rejected for good cause.
7. All bids taken under the requirements of this part, and all other documents, including purchase orders, pertaining to the award of contracts on such bids, shall be preserved for a period of five (5) years.
8. If all bids received on a pending contract are for the same unit price or total amount, the county purchasing agent shall have authority to reject all bids and to purchase the required supplies, materials, equipment or contractual services in the open market; provided, that the price paid in the open market does not exceed the bid price.
9. All sealed bids received shall be opened publicly at the time and place fixed in the advertisement. Each bid, with the name and address of the bidder, shall be entered on a record, and each record with the names of the bidders, the amounts of their bids, and the name of the successful bidder indicated thereon, shall, after the award or contract or order, be open to public inspection.
10. All contracts shall be approved as to form by the county attorney, and the original copy of each long-term contract shall be filed with the county clerk.
11. No purchase shall be made or purchase order or contract of purchase issued but in consequence of a written requisition for the supplies, materials, equipment or contractual services required, which requisition shall be signed by the head of the department, office or agency of the county requiring such articles or services. Original copies of all such requisitions shall be kept on file in the office of the county purchasing agent.
12. No purchase shall be made or purchase order or contract of purchase issued for tangible personal property or services by county officials or employees, acting in their official capacity, from any firm or individual whose business tax or license is delinquent.
13. 1. The county purchasing agent is authorized to purchase and contract to purchase materials, supplies, equipment and contractual services on a fiscal year basis, but no commitment shall be made that extends beyond the end of the current fiscal year for which appropriations have been made by the county legislative body, except such commitments as are authorized by resolution of the county legislative body.
    2. In the determination of the county's annual needs of certain commodities or services, or both, the county purchasing agent may request the various departments, offices and agencies of the county government to anticipate their needs for the remainder of the fiscal year and to issue their requisitions based upon such estimates.
14. 1. Perishable commodities, at the election of the local governing body, may be exempted from the requirements of public advertisements and competitive bidding when such items are purchased in the open market.
    2. A record of all such purchases shall be made by the purchasing agent and shall specify the amount paid, the items purchased, and from whom the purchase was made.
    3. A report of such purchases shall be made to the county mayor and the governing body of the county at frequencies specified by the governing body.
    4. Fuel and fuel products may be purchased in the open market without public newspaper notice, but shall whenever possible be based on at least three (3) competitive bids. Fuel and fuel products may be purchased from the department of general services' contract where available.
    5. This subsection (n) shall apply to any county having a population of not less than seventy-seven thousand seven hundred (77,700) nor more than seventy-seven thousand eight hundred (77,800), according to the 1980 federal census or any subsequent census, if it is approved by a two-thirds (2/3) vote of the county legislative body of any county to which it may apply.
15. 1. All sales of county-owned property, real or personal in nature, that has become surplus, obsolete or unusable shall be made by public auction or by sealed bid under this section, in the discretion of the purchasing agent or responsible official. “Public auction” includes sale by Internet auction.
    2. The county purchasing agent shall give public notice of such auction by inserting at least once in a newspaper of county-wide circulation or by posting on a public bulletin board in the county courthouse at least five (5) days prior to the date of such auction, a notice specifying the auction date, time, place, property to be sold and terms of such auction.
    3. This subsection (o) does not apply to any books, recordings, or other material previously in general circulation at a county public library; provided, however, that the county public library shall conduct a public sale of surplus, obsolete or otherwise unusable books, recordings or other materials previously in general circulation at the county public library and shall give public notice of such sale by inserting at least once in a newspaper of county-wide circulation, by posting such sale on a web site maintained by the county, or by posting on a public bulletin board in the county courthouse and at the county public library at least five (5) days prior to the date of such sale, a notice specifying generally that such a sale shall occur, including the dates, times, places, and terms of such sale.
    4. Notwithstanding any other law, a procedure may be established upon approval by resolution or ordinance, by a two-thirds (2/3) majority vote of the county legislative body, to provide the purchasing agent, upon request of the county mayor, the authority to declare county owned personal property with an accumulative estimated value of one thousand dollars ($1,000) or less surplus, obsolete, or unusable personal property and to dispose of the personal property, at the purchasing agent's discretion, by selling the personal property on the open market or by gift, trade, or barter to a nonprofit or charitable organization properly incorporated under the laws of this state and in which no part of the net earnings of the organization inures or may lawfully inure to the benefit of any private shareholder or individual and that it provides services benefiting the general welfare of the residents of the county. Items having an accumulative estimated value that exceeds one thousand dollars ($1,000) shall not be subdivided in order to circumvent the requirement for public notice or receipt of sealed bids or selling the property through public or Internet auction. The purchasing agent shall keep all records of transactions of the disposal of personal property under this subdivision (o)(4) for a minimum of five (5) years.
16. In any county having a population of not less than one hundred seven thousand one hundred (107,100) nor more than one hundred seven thousand two hundred (107,200), according to the 2000 federal census or any subsequent federal census, the county may purchase and enter into contracts for group health insurance for county employees and officials without conforming to the competitive bidding requirements of this part. This subsection (p) shall only be implemented in any county to which this subsection (p) applies upon the adoption of a resolution by a two-thirds (2/3) vote of the county legislative body of such county.

Acts 1957, ch. 312, § 7; 1963, ch. 367, § 1; 1975, ch. 53, § 1; 1977, ch. 119, §§ 1, 2; 1977, ch. 288, § 1; impl. am. Acts 1978, ch. 934, §§ 7, 22, 36; modified; T.C.A., § 5-1408; Acts 1984, ch. 604, § 1; 1984, ch. 647, §§ 2-5; 1984, ch. 822, § 1; 1984, ch. 895, §§ 1, 2; 1988, ch. 770, §§ 1, 2; 1995, ch. 179, § 1; 2004, ch. 500, § 1; 2006, ch. 509, § 1; 2007, ch. 122, § 1; 2007, ch. 135, § 1; 2007, ch. 415, § 1; 2009, ch. 173, §§ 1, 2; 2010, ch. 974, § 1; 2013, ch. 162, § 1.

Code Commission Notes.

Acts 1977, ch. 288, § 1 amended this section as it applies to any county of 63,500 to 65,000 (Blount County only).

Compiler's Notes. For table of U.S. decennial populations of Tennessee counties, see Volume 13 and its supplement.

Cross-References. Advisory committee for use of the Internet, title 12, ch. 3, part 11.

Distributing and posting solicitations and responses electronically, § 12-3-1004.

Standard specifications for lubricating motor oil, § 12-3-807.

Textbooks. Tennessee Jurisprudence, 8 Tenn. Juris., Counties, § 27.

Attorney General Opinions. Authorization of the county commission is required for the sale of property of the county board of hospital directors; unless the county has adopted the County Purchasing Law of 1957, T.C.A. §§ 5-14-101, et seq., or the County Financial Management System of 1981, T.C.A. §§ 5-21-101, et seq., the commission may authorize sale of the property without advertising for bids, OAG 03-131, 2003 Tenn. AG LEXIS 149 (10/03/03).

5-14-109. Purchases — Certification of adequate funding.

Except in emergencies, no order for delivery on a contract or open market order for supplies, materials, equipment or contractual services for any county department or agency shall be awarded unless it shall be first certified by the director of accounts and budgets, or other county official or employee in charge of the central accounting records of the county that the unencumbered balance in the appropriation chargeable with such purchase in excess of all unpaid obligations, is sufficient to defray the entire cost of such order or contract.

Acts 1957, ch. 312, § 8; T.C.A., § 5-1409.

5-14-110. Emergency purchases.

1. The county purchasing agent may authorize any department or agency of the county government to purchase in the open market, without filing requisition or estimate, any supplies, materials or equipment for immediate delivery in actual emergencies arising from unforeseen causes, including delays by contractors, delays in transportation, and unanticipated volume of work; but such emergencies shall not include conditions arising from neglect or indifference in anticipating normal needs.
2. 1. Such direct emergency purchases, however, may only be made by department or agency heads at times when the office of the county purchasing agent is closed.
   2. At all other times, only the county purchasing agent shall make these purchases.
   3. A report of such emergency purchase, when made by a department or agency head, together with a record of the competitive bids secured and upon which it was based, shall be submitted in writing to the county purchasing agent before the close of the next working day following the date of such purchase, by the head of the county department or agency concerned, together with a full and complete account of the circumstances of such emergency.
   4. Such report shall be kept on file and shall be open to public inspection.

Acts 1957, ch. 312, § 9; T.C.A., § 5-1410.

5-14-111. Written orders and contracts.

1. Each purchase order or contract issued or executed pursuant to this chapter shall be evidenced by a written order signed by the county purchasing agent, which shall give all significant details respecting such order or contract.
2. A copy of such order shall be furnished the vendor, one (1) copy shall be furnished to the county accounting department, and at least two (2) copies shall be retained in the office of the county purchasing agent, one (1) of such copies to be filed in numerical order and the other alphabetically.

Acts 1957, ch. 312, § 11; T.C.A., § 5-1411.

5-14-112. Purchasing standards and specifications.

1. It is the duty of the county purchasing agent to:
   1. Classify the requirements of the county government for supplies, materials and equipment;
   2. Adopt as standards the smallest number of quantities, sizes and varieties of such supplies, materials and equipment consistent with the successful operation of the county government; and
   3. Prepare, adopt and promulgate written specifications describing such standards.
2. 1. In the preparation and revision of such standards, the county purchasing agent shall seek the advice, assistance and cooperation of the county departments and agencies concerned, to ascertain their precise requirements.
   2. Each specification adopted for any commodity shall, insofar as possible, satisfy the requirements of the majority of the county departments and agencies that use the same.

Acts 1957, ch. 312, § 12; T.C.A., § 5-1412.

5-14-113. Liability of county.

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.

Acts 1957, ch. 312, § 13; T.C.A., § 5-1413.

5-14-114. Conflicts of interest — Illegal payments.

1. Neither the county purchasing agent, nor members of the county purchasing commission, nor members of the county legislative body, nor other officials of the county, shall be financially interested, or have any personal beneficial interest, either directly or indirectly, in any contract or purchase order for any supplies, materials, equipment or contractual services used by or furnished to any department or agency of the county government.
2. Nor shall any such persons accept or receive, directly or indirectly, from any person, firm or corporation to which any contract or purchase order may be awarded, by rebate, gift or otherwise, any money or anything of value whatsoever, or any promise, obligation or contract for future reward or compensation.
3. A violation of this section is a Class D felony.

Acts 1957, ch. 312, § 10; impl. am. Acts 1978, ch. 934, §§ 7, 36; T.C.A., § 5-1414; Acts 1989, ch. 591, § 18.

Cross-References. Penalty for Class D felony, § 40-35-111.

Textbooks. Tennessee Jurisprudence, 8 Tenn. Juris., Counties, § 27.

Attorney General Opinions. Acceptance of gifts from contracting companies, OAG 94-73, 1994 Tenn. AG LEXIS 76 (6/16/94).

T.C.A. § 5-14-114(a) does not prohibit county commissioners from being directly or indirectly interested in a spouse's full-time employment contract with the county because such a contract is not a “contract or purchase order … for contractual services” within the meaning of the statute, OAG 00-152, 2000 Tenn. AG LEXIS 154 (10/6/00).

A county commissioner who works part-time as an independent contractor for a department of county government is prohibited from being directly or indirectly interested in county supply and service contracts, OAG 00-152, 2000 Tenn. AG LEXIS 154 (10/6/00).

A shareholder of a bank that conducts business with the county is prohibited from serving as a county commissioner, or as a member of the county budget committee or the county purchasing commission, OAG 07-141, 2007 Tenn. AG LEXIS 141 (10/10/07).

Conflicts of Interest under T.C.A. § 5-14-114.  OAG 12-65, 2012 Tenn. AG LEXIS 65 (6/27/12).

5-14-115. Application to schools.

1. This part shall not apply to county school funds for any purpose, the county board of education and the county director of schools, unless approved by the commissioner of education.
2. Upon request by a majority vote of the local board of education and with the approval of the commissioner of education, applicability of this part as it applies to county school funds shall cease to be effective.

Acts 1957, ch. 312, § 14a; T.C.A., § 5-1415; Acts 1982, ch. 809, § 1.

5-14-116. Construction of part.

This part is not exclusive and shall not prevent the adoption of amendments to existing special or local purchasing laws, or the enactment of special or local purchasing acts.

Acts 1957, ch. 312, § 15; T.C.A., § 5-1416.

Part 2
County Purchasing Law of 1983

5-16-101. Power granted to counties — Chapter definitions.

1. The various counties of this state are hereby authorized to establish, construct, install, acquire, operate and maintain urban type public facilities in any area or areas within their borders, and to charge fees, rates and charges for such facilities.
2. As used in this chapter, unless the context otherwise requires:
   1. “Other governing body” means only that body having the taxing authority; and
   2. “Urban type public facilities” means and includes sanitary and storm sewer lines and facilities, plants for the collection, treatment and disposal of sewage and waste matter, facilities and plants for the incineration or other disposal of garbage, trash, ashes and other waste matter, or water supply and distribution lines, facilities and plants, chemical pipelines and docks, or all of these things, and fire protection and emergency medical services.

Acts 1961, ch. 166, § 1; 1965, ch. 326, §§ 1, 2; 1967, ch. 308, § 1; T.C.A., § 5-1601; Acts 2007, ch. 107, § 1; 2008, ch. 1034, § 1.

Compiler's Notes. For table of U.S. decennial populations of Tennessee counties, see Volume 13 and its supplement.

Cross-References. County-wide fire departments, title 5, ch. 17.

Garbage, rubbish collection, title 5, ch. 19.

Local government public works, similar services, title 7, chs. 51-65.

Sanitary landfills, title 68, ch. 213.

Solid waste disposal, title 68, ch. 211.

Law Reviews.

Local Government Law — 1961 Tennessee Survey (Eugene Puett), 14 Vand. L. Rev. 1335 (1961).

Attorney General Opinions. Effect of Tenn. Const., Art. II, § 29, OAG 90-39, 1990 Tenn. AG LEXIS 41 (3/19/90).

5-16-102. Resolution of authorization.

For the exercise of the powers conferred by this chapter, a county shall authorize same by resolution adopted by a majority of the county legislative body or other governing body. Such resolution shall provide for the exercise of such powers by either:

1. Some agency of the county already in existence;
2. A public works department to be created; or
3. A board established as provided in § 5-16-103.

Acts 1961, ch. 166, § 2; impl. am. Acts 1978, ch. 934, §§ 7, 36; T.C.A., § 5-1602.

5-16-103. Board of public utilities. [For contingent amendment, see the Compiler’s Notes.]

1. 1. In the event the resolution provides for the exercise of the powers provided for in this chapter by a board, upon the approval of the resolution, the county mayor shall appoint, subject to confirmation by the county legislative body, three (3), five (5) or seven (7) persons to comprise what shall be known as “the county board of public utilities.”
   2. The county mayor shall have the option of appointing a seven-person board only in any county having a population of not less than sixty-seven thousand three hundred (67,300) nor more than sixty-seven thousand four hundred (67,400), according to the 1980 federal census or any subsequent federal census.
2. 1. In the event the board has three (3) members, the initial appointees shall serve for one (1), two (2) and three (3) years respectively, from July 1 next succeeding the date of appointment.
   2. 1. In the event five (5) members are desired as provided in subsection (a), the county mayor shall appoint, subject to confirmation by the county legislative body, such additional members to initial terms of two (2) and three (3) years respectively from July 1 next succeeding the date of appointment.
      2. The terms of no more than two (2) members of the county board of public utilities shall expire at the same time.
   3. 1. In the event seven (7) members are desired as provided in subsection (a), the county mayor shall appoint, subject to confirmation by the county legislative body, the necessary additional members to initial terms of not more than three (3) years, beginning July 1 next succeeding the date of appointment.
      2. The initial terms of the additional members shall be staggered in such a manner that the terms of no more than three (3) members of the county board of public utilities shall expire at the same time.
3. Successors to such appointees shall each be appointed for a term of three (3) years by the county mayor, subject to confirmation as provided in subsections (a) and (b).
4. The county mayor shall in like manner fill any vacancies that may occur for the unexpired terms of the vacancies.
5. Each member shall give such bond as may be required by resolution of the county legislative body.
6. 1. Except as provided in this subsection (f), such members shall serve without compensation except for necessary expenses incurred in the performance of their duties.
   2. In any county having a population of not less than sixty-seven thousand three hundred (67,300) nor more than sixty-seven thousand four hundred (67,400), according to the 1980 federal census or any subsequent federal census, and in any county having a population of not less than one hundred forty thousand (140,000) nor more than one hundred forty-five thousand (145,000), according to the 1990 federal census or any subsequent federal census, the county legislative body may provide for compensation of not more than one hundred dollars ($100) for a monthly meeting for such members upon approval by a two-thirds (2/3) vote of the county legislative body to which this subdivision (f)(2) may apply. The approval or nonapproval of this subdivision (f)(2) shall be proclaimed by the presiding officer of such county legislative body and certified by such presiding officer to the secretary of state. If the county legislative body provides compensation for such members, the members shall also adopt a resolution that ratifies the compensation before any such compensation may be paid.
   3. 1. In counties having a population of not less than twenty-four thousand five hundred (24,500) nor more than twenty-four thousand five hundred sixty (24,560), according to the 1980 federal census or any subsequent federal census, the county legislative body may provide for compensation of such members upon approval by a two-thirds (2/3) vote of the county legislative body to which this subdivision (f)(3) may apply.
      2. The approval or nonapproval of this subdivision (f)(3) shall be proclaimed by the presiding officer of such county legislative body and certified by such presiding officer to the secretary of state.
   4. Each member of any board created pursuant to the Interlocal Cooperation Act, compiled in title 12, chapter 9, for the purpose of providing service to two (2) or more counties is, due to the increased responsibilities and duties arising as a result of such multi-county service area, entitled to compensation in an amount not exceeding one hundred dollars ($100) per month, the exact amount of such compensation to be determined by resolution of such board.
   5. 1. In counties having a population of not less than twenty-eight thousand one hundred (28,100) nor more than twenty-eight thousand four hundred (28,400), according to the 1990 federal census or any subsequent federal census, the county legislative body may provide for compensation of such members upon approval by a two-thirds (2/3) vote of the county legislative body of any county to which this subdivision (f)(5) may apply.
      2. The approval or nonapproval of this subdivision (f)(5) shall be proclaimed by the presiding officer of such county legislative body and certified by the presiding officer to the secretary of state.
   6. 1. In counties having a population of not less than twenty-six thousand seven hundred (26,700) nor more than twenty-six thousand eight hundred (26,800), according to the 2000 federal census or any subsequent federal census, the county legislative body may provide for compensation of board members upon approval by a two-thirds (2/3) vote of the county legislative body to which this subdivision (f)(6)(A) may apply.
      2. The approval or nonapproval of subdivision (f)(6)(A) shall be proclaimed by the presiding officer of such county legislative body and certified by such presiding officer to the secretary of state.

         [For contingent amendment, see the Compiler’s Notes.]

   7. 1. In counties having a population of not less than fifty-one thousand nine hundred (51,900) nor more than fifty-two thousand (52,000), according to the 2000 federal census or any subsequent federal census, the county legislative body may provide for compensation of not more than one hundred dollars ($100) per month for the board members; provided, that attendance at board meetings shall be required in order to receive the compensation, upon approval by a two-thirds (2/3) vote of the county legislative body to which this subdivision (f)(7)(A) may apply.
      2. The approval or nonapproval of subdivision (f)(7)(A) shall be proclaimed by the presiding officer of the county legislative body and certified by the presiding officer to the secretary of state.
7. A majority of the board shall constitute a quorum.
8. The board shall elect its own chair, and shall be authorized to employ such clerical help as may be necessary.
9. The board shall hold public meetings at least once each month at such regular time and place as the board may determine, and special meetings upon the call of the chair.
10. The board shall establish its own rules of procedure.
11. Any member of the board may be removed from office for cause upon a vote of two-thirds (2/3) of the members of the county legislative body, but only after preferment of formal charges by a resolution of a majority of the county legislative body following a public hearing before it.
12. Before the board shall adopt any proposed budget or salary plan for its employees, it shall submit same to the county legislative body for approval or rejection.
13. Notwithstanding any law to the contrary, in any county having a population of not less than sixty-seven thousand three hundred (67,300) nor more than sixty-seven thousand four hundred (67,400), according to the 1980 federal census or any subsequent federal census, the county mayor may appoint members of the county legislative body to serve upon the board. Such members shall be subject to confirmation as provided in subsections (a) and (b).
14. Notwithstanding subsections (a)-(d), a county having a population greater than nine hundred thousand (900,000), according to the 2010 federal census or any subsequent federal census, that creates a county board of public utilities on or after April 18, 2018 may call, in the resolution creating the board, for the election of the members of the board at the regular August election. The resolution shall:
    1. Specify the number of members of the board of public utilities;
    2. Specify the length of the terms of the members;
    3. Provide for the staggering of terms;
    4. Provide for the removal of members;
    5. Provide for the filling of vacancies on the board; and
    6. Specify the compensation for the members, if any.

Acts 1961, ch. 166, § 3; 1979, ch. 17, § 1; T.C.A., § 5-1603; Acts 1988, ch. 916, § 1; 1989, ch. 396, §§ 1-4; 1990, ch. 879, § 1; 1991, ch. 35, §§ 1, 2; 1993, ch. 134, § 1; 1994, ch. 583, § 1; 2003, ch. 90, § 2; 2006, ch. 515, § 1; Private Acts 2007, ch. 51, § 1; 2018, ch. 738, § 1.

Compiler's Notes. Acts 1990, ch. 879, § 2 provided that, for any of the counties authorized by (f)(3), any compensation that had been provided for board members under the law as it existed before May 29, 1989, was thereby validated and affirmed.

Acts 1991, ch. 35, § 3 authorized, validated and affirmed any compensation, not exceeding the maximum amount authorized by (f)(4), received prior to March 19, 1991, by any member of a board specified in (f)(4).

Acts 1994, ch. 583, § 2, provided that for any of the counties authorized by subdivision (f)(5), any compensation that has been provided for board members under the law as it existed before March 4, 1994, is hereby validated and affirmed.

Acts 2003, ch. 90, § 2, directed the code commission to change all references from “county executive” to “county mayor” and to include all such changes in supplements and replacement volumes for the Tennessee Code Annotated.

Private acts 2007, ch. 51, § 2 provided that the act, which added (f)(7) to this section, shall have no effect unless it is approved by a two-thirds vote of the legislative body of Roane County. Its approval or nonapproval shall be proclaimed by the presiding officer of the legislative body and certified to the secretary of state.

For table of U.S. decennial populations of Tennessee counties, see Volume 13 and its supplement.

Amendments. The 2018 amendment added (n).

Effective Dates. Acts 2018, ch. 738, § 3. April 18, 2018.

Cross-References. Option to redesignate county mayor as county executive by private act, § 5-6-101.

Attorney General Opinions. Respective powers of county and board of public utilities as to operation of facilities, OAG 95-091, 1995 Tenn. AG LEXIS 102 (8/29/95).

County election commissioner serving on county board of public utilities.  OAG 13-77, 2013 Tenn. AG LEXIS 78 (10/17/13).

5-16-104. Superintendent — Appointment — Compensation — Powers exercised on behalf of county.

1. The general supervision and control of the acquisition, improvement, operation and maintenance of the urban type public facilities as provided in this chapter shall be in charge of the board or other agency as provided in this chapter.
2. If the powers of this chapter are exercised by an agency other than the board as provided in this chapter, such agency shall have at its head a person to be known as a superintendent, to be appointed by the county mayor, subject to confirmation by the county legislative body or other governing body, and if such powers are exercised by a board, such board shall appoint a superintendent.
3. 1. The superintendent in any case shall be a person who shall be qualified by training and experience for supervision over the maintenance and operation of the facilities as provided in this chapter.
   2. Such person need not be a resident of the county or of the state at the time of such person's selection.
4. 1. In the event that the powers as provided in this chapter are exercised by an agency other than the board as provided in this chapter, the salary of the superintendent shall be fixed by the county legislative body or other governing body.
   2. If such powers are exercised by the board as provided in this chapter, the salary shall be fixed by the board, subject to approval of the county legislative body or other governing body.
   3. In either case, the superintendent shall serve at the pleasure of the appointing authority and shall be subject to removal by that authority at any time.
5. Within the limits of the funds available therefor, all powers to acquire, improve, operate and maintain the facilities as provided in this chapter, and all powers necessary or convenient thereto, conferred by this chapter shall be exercised on behalf of the county by the board, or other agency, and the superintendent respectively.

Acts 1961, ch. 166, § 4; impl. am. Acts 1978, ch. 934, §§ 7, 16, 36; T.C.A., § 5-1604; Acts 2003, ch. 90, § 2.

Compiler's Notes. Acts 2003, ch. 90, § 2, directed the code commission to change all references from “county executive” to “county mayor” and to include all such changes in supplements and replacement volumes for the Tennessee Code Annotated.

Cross-References. Option to redesignate county mayor as county executive by private act, § 5-6-101.

5-16-105. Superintendent — Powers and duties.

1. The superintendent shall have charge of all actual construction, the immediate management and operation of all the facilities as provided in this chapter and the enforcement of all rules, regulations, programs, plans and decisions of the governing authority, which shall be either the county legislative body or other governing body, or the board as provided in this chapter.
2. The superintendent shall hire all employees and fix their duties, excepting that the appointment of all technical consultants, advisers and legal assistants shall be subject to the approval of the governing authority.
3. The superintendent, with the approval of the governing authority, may fix compensation of all employees.
4. 1. The superintendent may, with the approval of the governing authority, acquire and dispose of all property, real and personal, necessary to effectuate the purposes of this chapter. Title to such property shall in all cases be taken in the name of the county.
   2. The superintendent, subject to the approval of the governing authority, shall let all contracts.
   3. The superintendent may, however, make purchases of personalty up to a cost of ten thousand dollars ($10,000) without the approval of the governing authority, but subject to such regulations as the governing authority may prescribe.
   4. Any contract for construction exceeding ten thousand dollars ($10,000) shall be advertised by the superintendent for bids.
   5. If the powers conferred by this chapter are exercised by an agency other than the board as provided in this chapter, such bids shall be subject to the approval of the county mayor, and if they are exercised through the board, they shall be subject to approval of the board.
   6. If the county has a central purchasing authority, purchases for the purposes herein contemplated must, at the discretion of the governing body of the county, be made through:
      1. The central purchasing authority; or
      2. The county board of public utilities, in accordance with purchasing policies approved by the governing body of the county.
5. The superintendent shall make and keep full and proper books and records, subject to the supervision and direction of the governing authority.

Acts 1961, ch. 166, § 5; impl. am. Acts 1978, ch. 934, §§ 7, 16, 36; T.C.A., § 5-1605; Acts 2003, ch. 90, § 2; 2011, ch. 193, § 1; 2018, ch. 556, § 1.

Compiler's Notes. Acts 2003, ch. 90, § 2, directed the code commission to change all references from “county executive” to “county mayor” and to include all such changes in supplements and replacement volumes for the Tennessee Code Annotated.

Amendments. The 2018 amendment rewrote (d)(6), which read: “Where the county has a central purchasing authority, purchases made for the purpose herein contemplated shall be through such authority.”

Effective Dates. Acts 2018, ch. 556, § 2. March 14, 2018.

Cross-References. Option to redesignate county mayor as county executive by private act, § 5-6-101.

5-16-106. Bonds.

1. The county legislative body is hereby authorized to issue bonds of the county for the purpose of financing the cost of establishment, construction, installation or acquisition of any urban type public facility.
2. Bonds so issued may be either general obligation bonds of the county secured by the full faith and credit and taxing power of the county, or revenue bonds secured by the revenues derived from the operation of the urban type public facility financed thereby, or by a combination of such revenues and the unpledged revenues derived by the county from any other urban type public facilities owned and operated by the county.
3. 1. Any bonds issued by the county for the purpose of financing urban type public facilities shall be issued in the manner and form prescribed by the applicable provisions of title 9, chapter 21.
   2. In the issuance of bonds, an urban type public facility so financed shall be deemed to be a “public works project,” as defined in title 9, chapter 21, and all power and authority conferred upon the county by the terms and provisions of title 9, chapter 21 with respect to the construction, operation, maintenance, financing and the fixing and collection of fees, rates, rents and other charges shall be available to and vested in the county with respect to the establishment, construction, installation, acquisition, operation, maintenance and financing of the urban type public facilities authorized pursuant to this chapter.

Acts 1961, ch. 166, § 6; impl. am. Acts 1978, ch. 934, §§ 7, 16, 36; T.C.A., § 5-1606; Acts 1988, ch. 750, §§ 4, 5.

5-16-107. Intergovernmental cooperation.

1. In connection with the operation of any urban type public facility as provided in this chapter, the board or other administrative agency, with the approval of the county legislative body or other governing body, is hereby authorized to enter into contracts with other governmental units or agencies, federal, state, or local, including municipalities, towns, utility districts and improvement districts within the county, for the furnishing of services and facilities within the purview of this chapter, and to enter into cooperative arrangements and agreements for providing such services and facilities, upon terms deemed advantageous by the board or other administrative agency.
2. With the approval of the county legislative body or other governing body, the board or other administrative agency is authorized to enter into contracts with any of such governmental units or entities to provide or share in the provision of any urban type facility and for the joint operation thereof, and to make or pay charges in connection therewith by written agreement with such unit or entity.
3. All governmental units subject to the jurisdiction of the state are hereby authorized to enter into contracts with the board or other administrative agency for providing any urban type public facility within the purview of this chapter, and to otherwise cooperate in furnishing such facilities, upon any terms deemed to be mutually advantageous.
4. In any cooperative undertaking by the board or other administrative agency with any other governmental unit or entity as described in this section for furnishing any of the facilities contemplated in this chapter, the county's share of the costs may be financed in the same manner as is provided for in § 5-16-106.

Acts 1961, ch. 166, § 7; impl. am. Acts 1978, ch. 934, §§ 7, 36; T.C.A., § 5-1607.

Cross-References. Interlocal cooperation with municipalities or contiguous counties, §§ 5-1-113, 5-1-114.

5-16-108. Sewerage facilities — Mandatory connection and use.

The board or other administrative agency is hereby authorized to require any person, firm or corporation owning or occupying property within an area of land in which sewerage facilities are maintained by the board or administrative agency, to connect with and use such facilities.

Acts 1961, ch. 166, § 8; T.C.A., § 5-1608.

5-16-109. Service charges — Rules and regulations.

1. The board or administrative agency shall determine and fix charges to be made for furnishing any and all of the facilities as provided in this chapter, upon a basis calculated to ensure the fiscal solvency of the operation at all times.
2. The board or administrative agency is further authorized and directed to make and publish reasonable rules and regulations covering the use by any individual, firm or corporation of any facility furnished to users.
3. A board or administrative agency that is increasing the charges for fire protection services by more than ten percent (10%) shall obtain approval for such increase from the county legislative body prior to the increase taking effect. This subsection (c) applies in any county having a population greater than nine hundred thousand (900,000), according to the 2010 federal census or any subsequent federal census.

Acts 1961, ch. 166, § 9; T.C.A., § 5-1609; Acts 2018, ch. 738, § 2.

Compiler's Notes. For tables of U.S. decennial populations of Tennessee counties, see Volume 13 and its supplement.

Amendments. The 2018 amendment added (c).

Effective Dates. Acts 2018, ch. 738, § 3. April 18, 2018.

5-16-110. Municipal annexation or incorporation — Effect on facilities.

1. 1. Upon annexation by any municipality, or by including within the corporate territorial limits of any incorporating municipality, of an area including any of the facilities as herein authorized and provided, the municipality and the county legislative body or other governing body shall attempt to reach a written agreement for the allocation and conveyance to the municipality of any or all functions, rights, duties, property, assets or liabilities, in conjunction with such facilities, that justice and reason may require in the circumstances.
   2. The annexing or incorporating municipality, for and to the extent that it may choose, shall have the exclusive right to provide such facilities within the annexed or incorporated area, and shall manifest such choice by proper resolution or ordinance at the first meeting of its governing body after the annexation or incorporation.
   3. Subject to subdivision (a)(2), any such matters upon which the respective parties are not in written agreement within sixty (60) days after the operative date of such annexation shall be settled by arbitration in accordance with the state laws of arbitration effective at the time of submission to the arbitrators, and § 29-5-101(2) shall not apply to any arbitration arising hereunder.
   4. The award so rendered shall be transmitted to the chancery court, and thereupon shall be subject to review in accordance with §§ 29-5-113 — 29-5-115 and 29-5-118.
   5. Subdivisions (a)(1) and (2) shall not apply to any city that is being incorporated if that city does not plan to furnish service that would compete with service the county is now furnishing.
2. 1. If there are outstanding bonds or other obligations in conjunction with the public facilities as herein provided, the agreement or arbitration award shall also provide that the municipality will operate such facilities in the annexed or incorporated territory and account for the revenues therefrom in such manner as not to impair the obligations of contract with reference to such bonds or other obligations.
   2. The rights vested in the holders of all such outstanding bonds or other obligations shall be fully preserved and in no wise impaired by any agreement or arbitration award.

Acts 1961, ch. 166, § 10; impl. am. Acts 1978, ch. 934, §§ 7, 36; T.C.A., § 5-1610; Acts 1980, ch. 489, §§ 1-3, 5.

5-16-111. Service near city or town — Restrictions.

A county may not extend any public facilities, as provided for in this chapter, within five (5) miles of any part of the boundary of an incorporated city or town unless such incorporated city or town has failed to take appropriate action to provide a specified public facility or facilities in a specified area or areas for a period of ninety (90) days after having been petitioned to do so by resolution of the county legislative body or other governing body. The resolution shall contain a plan of service, and shall be accompanied by a preliminary engineering report and a financial feasibility report, and shall set out the type, standard and schedule of installation of public facilities and the specified area or areas proposed to be served by the county. The resolution, plan of service and reports shall have been previously submitted to the local planning commission for review as provided for in § 5-16-112.

Acts 1961, ch. 166, § 11; impl. am. Acts 1978, ch. 934, §§ 7, 36; T.C.A., § 5-1611.

5-16-112. Plan of services.

1. 1. No county shall adopt the resolution provided for in § 5-16-102 until there is 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.
   2. Such plan of services shall set forth, at a minimum, the identification and proposed timing of the services to be rendered.
2. No county shall construct or acquire facilities under this chapter unless plans, including necessary engineering and financing plans, have been similarly presented to the planning commission for study and report.
3. 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 1961, ch. 166, § 12; impl. am. Acts 1972, ch. 542, § 15; impl. am. Acts 1978, ch. 934, §§ 7, 36; T.C.A., § 5-1612.

Compiler's Notes. The state planning office, referred to in this section, was abolished by Acts 1995, ch. 501, effective June 12, 1995.

NOTES TO DECISIONS

1. In General.

T.C.A. § 5-19-101 merely allows a county, if it so desires, to provide garbage collection and disposal services; nothing in the statute authorizes the county to ban private garbage collection and disposal services. Robertson County v. Browning-Ferris Industries of Tennessee, Inc., 799 S.W.2d 662, 1990 Tenn. App. LEXIS 343 (Tenn. Ct. App. 1990).

NOTES TO DECISIONS

1. Payment for Unused Services.

County may impose a monthly fee on all its rural residents for solid waste disposal services regardless of whether the services are actually used. Horton v. Carroll County, 968 S.W.2d 841, 1997 Tenn. App. LEXIS 628 (Tenn. Ct. App. 1997), rehearing denied, — S.W.2d —, 1997 Tenn. App. LEXIS 711 (Tenn. Ct. App. Oct. 22, 1997) .

A county may legally impose monthly fees on all its rural residents for solid waste disposal services, regardless of whether the services are actually utilized. City of Bolivar v. Goodrum, 49 S.W.3d 290, 2000 Tenn. App. LEXIS 669 (Tenn. Ct. App. 2000).

NOTES TO DECISIONS

1. Payment for Unused Services.

A county may legally impose monthly fees on all its rural residents for solid waste disposal services, regardless of whether the services are actually utilized. City of Bolivar v. Goodrum, 49 S.W.3d 290, 2000 Tenn. App. LEXIS 669 (Tenn. Ct. App. 2000).

NOTES TO DECISIONS

1. Payment for Unused Services.

County may impose a monthly fee on all its rural residents for solid waste disposal services regardless of whether the services are actually used. Horton v. Carroll County, 968 S.W.2d 841, 1997 Tenn. App. LEXIS 628 (Tenn. Ct. App. 1997), rehearing denied, — S.W.2d —, 1997 Tenn. App. LEXIS 711 (Tenn. Ct. App. Oct. 22, 1997) .

Fees may be legally imposed on residents regardless of whether the services are actually utilized. City of Bolivar v. Goodrum, 49 S.W.3d 290, 2000 Tenn. App. LEXIS 669 (Tenn. Ct. App. 2000).

2. Tipping Fees.

Tipping fees for solid waste disposal are authorized by T.C.A. § 5-19-109 and T.C.A. § 68-211-835; therefore, appellate court only need address the issue of whether the tipping fees were an unlawful, excessive tax, or a permissible statutory fee, and the appellate court concluded that the tipping fees were fees, not a tax. Gray's Disposal Co. v. Metro. Gov't of Nashville, 122 S.W.3d 148, 2002 Tenn. App. LEXIS 927 (Tenn. Ct. App. 2002), rehearing denied, Gray's Disposal Co. v. Metro. Gov't of Nashville County, — S.W.3d —, 2003 Tenn. App. LEXIS 71 (Tenn. Ct. App. Jan. 28, 2003), appeal denied, — S.W.3d —, 2003 Tenn. LEXIS 656 (Tenn. 2003).

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.

Attorney General Opinions. Authority of local sheriff's civil service board, OAG 98-044, 1998 Tenn. AG LEXIS 44 (2/17/98).

County officials' authority to adopt separate base personnel policies, OAG 98-058, 1998 Tenn. AG LEXIS 58 (3/9/98).

Applicability of department's written personnel policy or legislative base policy, OAG 99-103, 1999 Tenn. AG LEXIS 103 (5/10/99).

To the extent a proposed county employee bill of rights is inconsistent with T.C.A. §§ 8-20-109 and 5-23-101 et seq., it would violate Tenn. Const., art. XI, § 8, OAG 07-137, 2007 Tenn. AG LEXIS 137 (9/24/07).

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.

Attorney General Opinions. Authority of local sheriff's civil service board, OAG 98-044, 1998 Tenn. AG LEXIS 44 (2/17/98).

County officials' authority to adopt separate base personnel policies, OAG 98-058, 1998 Tenn. AG LEXIS 58 (3/9/98).

5-23-103. Adoption of base personnel policies.

1. Each county official shall adopt base personnel policies, which shall be approved by an attorney as provided in this chapter and filed in the office of the county clerk as provided in this section on or before December 31, 1997. The county official shall submit the base personnel policies to the attorney selected in accordance with § 5-23-105, to be reviewed for compliance with this chapter and other applicable law. In the event that any policy is not approved by such attorney, the county official may challenge the conclusion of the attorney as to such policy and have such policy reviewed by another attorney selected by the county official and paid from the fees of the office or funds budgeted for the office or department, and the conclusion of that attorney shall be final. The county official shall submit the approved policies to the county legislative body for inclusion in the minutes of the body and filing in the office of the county clerk. Notwithstanding the foregoing, the county board of education may employ its own attorney to review and approve its policies, and the board shall submit to the county legislative body with the approved policies acceptable evidence that the policies have been reviewed and are in compliance with this chapter and applicable law. If any county official fails to adopt and file such policies on or before December 31, 1997, the employees of the county official shall be governed by the base personnel policies adopted by the county legislative body pursuant to subsection (d).
2. Any county official who wishes to discontinue policies that the official has previously adopted under subsection (a) shall submit written notice to the county legislative body for inclusion in the minutes and filing in the office of the county clerk, specifying the effective date of the change. From and after the specified effective date, the employees of such office shall be governed by the base personnel policies adopted by the county legislative body pursuant to subsection (d).
3. 1. Any county official whose employees are governed by the base personnel policies adopted by the county legislative body shall have the right to adopt separate base personnel policies applicable to the employees of such official's office by filing approved base personnel policies with the county legislative body in the same manner as set out in subsection (a), at the following times:
      1. Once annually, on or before November 30 each year; and
      2. Within thirty (30) days after any amendment to the policies becomes effective.
   2. Such policies shall become effective on the first day of the month following their filing in the office of the county clerk as provided in subsection (a).
4. 1. The county mayor and the county legislative body shall provide for the adoption of base personnel policies to govern all county employees except those governed by separate base personnel policies adopted as provided in this section.
   2. The county mayor shall submit to the county legislative body for approval a list of all agencies, offices and departments that will be governed by the base personnel policies. This list shall include and shall be limited to all departments, agencies and boards whose funds are handled through the office of the county trustee.
   3. The attorney selected in accordance with § 5-23-105 shall review the list for accuracy and completeness, and shall report such attorney's findings to the county legislative body.
   4. Upon approval of the list, the county mayor shall appoint, subject to the confirmation of the county legislative body, one (1) or more persons to develop the base personnel policies. Such persons may be members of the county legislative body, the county mayor, officials or employees of agencies, offices or departments to be governed by such policies, or other persons having appropriate knowledge and expertise. Such persons shall be appointed and confirmed on or before October 31, 1997.
   5. The policies shall be prepared and submitted to an attorney for review as provided in § 5-23-105, and upon approval by the attorney they shall be presented to the county legislative body for approval on or before March 1, 1998.
   6. The county legislative body shall either approve or disapprove the policies as a whole. If the policies are not approved, they shall be returned to the originating person or group for revision and resubmission to the county legislative body.
   7. When approved, the policies shall be included in the minutes of the county legislative body and filed in the office of the county clerk, and the policies shall be effective on the first day of the month following approval by the county legislative body. The final policies shall be approved by the county legislative body and filed in the minutes in the office of the county clerk on or before May 31, 1998.
   8. Any governmental agency or entity whose funds are not handled through the office of the county trustee may, by action of the governing board of such agency or entity, adopt for such agency or entity the personnel policies filed in the office of the county clerk in accordance with this subsection (d).
5. Upon completion of the base personnel policies in accordance with subsection (d), a county mayor may adopt separate base personnel policies applicable to the employees of the county mayor's individual office by filing approved base personnel policies with the county legislative body in the same manner established in subsection (a).

Acts 1997, ch. 361, § 3; 1998, ch. 596, §§ 1, 3; 2003, ch. 90, § 2.

Compiler's Notes. Acts 2003, ch. 90, § 2, directed the code commission to change all references from “county executive” to “county mayor” and to include all such changes in supplements and replacement volumes for the Tennessee Code Annotated.

Cross-References. Option to redesignate county mayor as county executive by private act, § 5-6-101.

Attorney General Opinions. Authority of local sheriff's civil service board, OAG 98-044, 1998 Tenn. AG LEXIS 44 (2/17/98).

Holidays on which county offices may be closed, OAG 98-058, 1998 Tenn. AG LEXIS 58 (3/9/98).

County officials' authority to adopt separate base personnel policies, OAG 98-058, 1998 Tenn. AG LEXIS 58 (3/9/98).

Applicability of department's written personnel policy or legislative base policy, OAG 99-103, 1999 Tenn. AG LEXIS 103 (5/10/99).

Where county commission has hired an employee in the valid exercise of its authority, a county mayor may not unilaterally terminate that employee unless expressly authorized.  Nor may a county mayor defund or abolish an entire county department without the approval of the county commission.  OAG 14-28, 2014 Tenn. AG LEXIS 29 (3/7/14).

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.

Attorney General Opinions. Authority of local sheriff's civil service board, OAG 98-044, 1998 Tenn. AG LEXIS 44 (2/17/98).

County officials' authority to adopt separate base personnel policies, OAG 98-058, 1998 Tenn. AG LEXIS 58 (3/9/98).

Applicability of department's written personnel policy or legislative base policy, OAG 99-103, 1999 Tenn. AG LEXIS 103 (5/10/99).

Collateral References.

Adequacy of notice to employer of need for leave under Federal Family and Medical Leave Act of 1993. 184 A.L.R. Fed. 171.

Validity, construction, and application of state family-, parental-, or medical-leave acts. 57 A.L.R.5th 477.

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.

Compiler's Notes. Acts 2003, ch. 90, § 2, directed the code commission to change all references from “county executive” to “county mayor” and to include all such changes in supplements and replacement volumes for the Tennessee Code Annotated.

Cross-References. Option to redesignate county mayor as county executive by private act, § 5-6-101.

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.

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.

Compiler's Notes. Acts 2011, ch. 378, § 4 provided that nothing in the act, which amended subdivision (1), shall be construed to abridge or impair a contract or agreement governing terms and conditions of professional service entered into by a board of education and a recognized professional employees' organization under the Education Professional Negotiations Act before June 1, 2011. Any such contract or agreement shall remain in full force and effect until the expiration of the contract or agreement.

Attorney General Opinions. Applicability of department's written personnel policy or legislative base policy, OAG 99-103, 1999 Tenn. AG LEXIS 103 (5/10/99).

5-23-108. Existing authority to be retained by officials.

Elected or appointed officials, boards and department heads shall retain their present authority to make decisions and adopt policies that are not in conflict with this chapter, including, but not limited to, matters concerning hiring, compensation, promotions, transfers, layoffs, discipline, termination, and other employment matters for the employees of their respective offices. Nothing in this chapter shall be construed as authorization for establishing systems of seniority, tenure, or classified service, nor for creating contracts of employment or establishing the terms thereof. Nothing in this chapter or any of the policies adopted pursuant to this chapter shall be construed to affect the employment-at-will status of any county employee or otherwise create any contractual obligation on the part of the county as employer.

Acts 1997, ch. 361, § 8.

5-23-109. Actions by counties against official or employee in derogation of chapter.

If a court finds a county liable as a result of acts or omissions by any official or employee in connection with the requirements of this chapter or any policies adopted pursuant to this chapter, then the county shall have a right of action for reimbursement against the official or employee whose conduct resulted in liability for the county not covered by insurance, where the conduct of the official or employee was intentional and knowing and constituted illegal behavior in the workplace. For purposes of this section, the words “intentional” and “knowing” have the same meanings as defined in § 39-11-302. An official's or employee's conduct shall not constitute knowing or intentional illegal conduct in the workplace if the conduct was based on the written advice or opinion of the county attorney or the official's or employee's legal counsel.

Acts 1997, ch. 361, § 9.

5-23-110. Mandamus to compel compliance.

In order to enforce this chapter, the county mayor is authorized to retain the county attorney, or an attorney hired pursuant to § 5-6-112, to seek mandamus to compel compliance as provided in § 5-1-107, and additionally may pursue any and all other remedies available at law or in equity.

Acts 1997, ch. 361, § 10; 1998, ch. 596, § 2; 2003, ch. 90, § 2.

Compiler's Notes. Acts 2003, ch. 90, § 2, directed the code commission to change all references from “county executive” to “county mayor” and to include all such changes in supplements and replacement volumes for the Tennessee Code Annotated.

Cross-References. Option to redesignate county mayor as county executive by private act, § 5-6-101.

5-23-111. Compliance with Title VI.

No expenditure of public funds pursuant to this chapter shall be made in violation of Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d).

Acts 1997, ch. 361, § 13.

5-23-112. Applicability.

This chapter is intended to supersede any conflicting general laws or private acts; provided, that this chapter shall not apply to any county with a population over eight hundred thousand (800,000) or any county that has adopted a metropolitan form of government.

Acts 1997, ch. 361, § 11.

Compiler's Notes. For table of U.S. decennial populations of Tennessee counties, see Volume 13 and its supplement.

Attorney General Opinions. Authority of local sheriff's civil service board, OAG 98-044, 1998 Tenn. AG LEXIS 44 (2/17/98).