flag of tennessee2024 Tennessee Code Unannotated

Title 5 Counties

Chapter 1 General Provisions
Part 1 Counties Generally
§ 5-1-101. Enumeration of counties.
  1. 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.
Backlinks (1)
History (4)
  • Code 1858, § 75
  • Shan., § 92a
  • Code 1932, § 110
  • T.C.A. (orig. ed.), § 5-101.
§ 5-1-102. Jurisdiction over boundary waters.
  1. Counties bounded by a stream or other waters shall have concurrent jurisdiction over the whole of the waters lying between them.
History (4)
  • Code 1858, § 405
  • Shan., § 497
  • Code 1932, § 743
  • T.C.A. (orig. ed.), § 5-102.
§ 5-1-103. Corporate capacity.
  1. 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.
History (5)
  • 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. (a) 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. (b)
    1. (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. (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. (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.
    Backlinks (6)
  3. (c) 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.
Backlinks (4)
History (15)
  • 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.
§ 5-1-105. Suits against counties.
  1. Suits may be maintained against a county for any just claim, as against other corporations.
History (5)
  • 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.
§ 5-1-106. Suits for use of counties.
  1. 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.
History (4)
  • Acts 1875, ch. 27, § 1
  • Shan., § 495
  • Code 1932, § 741
  • T.C.A. (orig. ed.), § 5-106.
§ 5-1-107. Mandamus to enforce county duties.
  1. 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.
Backlinks (1)
History (4)
  • Code 1858, § 537
  • Shan., § 684
  • Code 1932, § 1080
  • T.C.A. (orig. ed.), § 5-107.
§ 5-1-108. Division into districts.
  1. 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.).
History (4)
  • Code 1858, § 76 (deriv. Const. 1834, art. 6, § 15)
  • Shan., § 94
  • Code 1932, § 112
  • T.C.A (orig. ed.), § 5-108.
§ 5-1-109. Continuation of existing districts.
  1. The districts already laid off in the several counties shall continue until altered in the manner pointed out by law.
History (4)
  • 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. (a)
    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. (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. (b) 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. (c) 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.
History (8)
  • 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.
§ 5-1-111. County legislative bodies — Reapportionment.
  1. (a)
    1. (1) Except as provided in subdivision (a)(2), 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. (2) The January 1, 2022, deadline may be extended in the discretion of the comptroller of the treasury based on the United States census bureau delay in releasing the results of the 2020 federal census.
  2. (b) The county legislative body may increase or decrease the number of districts when the reapportionments are made.
  3. (c) 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. (d) The county legislative body must use the latest federal census data whenever a reapportionment is made.
  5. (e) Districts shall be reasonably compact and contiguous and shall not overlap.
  6. (f)
    1. (1) Except as provided in subdivision (f)(2), in the establishment of boundaries for districts, no precinct shall be split.
    2. (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. (g) 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. (h) 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.
Backlinks (1)
History (7)
  • 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
  • 2021, ch. 262, § 1.
§ 5-1-112. Civil districts undisturbed by county legislative body reapportionment.
  1. 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.
Backlinks (1)
History (3)
  • Acts 1968, ch. 599, § 8
  • 1978, ch. 934, § 5
  • T.C.A., § 5-112.
§ 5-1-113. Interlocal cooperation with municipalities.
  1. 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.
Backlinks (6)
History (5)
  • 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.
§ 5-1-114. Interlocal cooperation between contiguous counties.
  1. (a) 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. (b) 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. (c) 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.
Backlinks (3)
History (5)
  • 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.
§ 5-1-115. Removal of vegetation and debris from certain lots. [For amendment contingent on county approval, see the Compiler's Notes.]
  1. (a) 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. (b) 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. (1) A brief statement of this section, which shall contain the consequences of failing to remedy the noted condition;
    2. (2) The person, office, address and telephone number of the department or person giving notice;
    3. (3) A cost estimate for remedying the noted condition, which shall be in conformity with the standards of cost in the community; and
    4. (4) A place wherein the notified party may return a copy of the notice, indicating the desire for a hearing.
  3. (c)
    1. (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. (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. (d)
    1. (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. (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. (e)
    1. (1) Except in any county having a population of:
      2. 5,8006,100
      3. 31,50031,800
      4. 40,20040,500
      5. 55,70056,000
      6. 77,80078,000
      7. 92,20092,500
      8. 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. (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. (3) This subsection (e) shall not apply to subsection (g).
    4. (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. (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. (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. (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. (f) 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. (g)
    1. (1) As used in this subsection (g):
      1. (A) “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. (B) “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. (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 (⅔) 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.
History (15)
  • 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.
§ 5-1-116. Building, safety and other standardized codes, incorporated by reference — Citations.
  1. (a) 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. (b) 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.
History (1)
  • Acts 1993, ch. 478, § 1.
§ 5-1-117. Sober ride programs.
  1. 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.
History (1)
  • Acts 1995, ch. 120, § 1.
§ 5-1-118. County powers shared with municipalities.
  1. (a) 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. (1) Section 6-2-201(3)-(8), (10)-(13), (18), (19), (26) and (28);
    2. (2) Section 6-54-103;
    3. (3) Section 6-54-110;
    4. (4) Section 6-54-307; and
    5. (5) Sections 6-54-601 — 6-54-603.
  2. (b) Nothing in this part shall be construed as granting counties the power to prohibit or regulate normal agricultural activities.
  3. (c)
    1. (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 (⅔) 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 (⅔) 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 (⅔) 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. (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. (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).
Backlinks (1)
History (5)
  • Acts 1995, ch. 264, § 1
  • 2000, ch. 969, § 1
  • 2001, ch. 7, § 1
  • 2002, ch. 627, § 1
  • 2003, ch. 57, § 1.
§ 5-1-119. Power to condemn property.
  1. 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.
History (1)
  • Acts 1995, ch. 264, § 1.
§ 5-1-120. Power to regulate stray animals.
  1. 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.
Backlinks (1)
History (1)
  • Acts 1995, ch. 264, § 1.
§ 5-1-121. Enforcement of county rules.
  1. 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.
Backlinks (1)
History (1)
  • Acts 1995, ch. 264, § 1.
§ 5-1-122. Exclusion of agricultural buildings.
  1. 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.
History (1)
  • Acts 1995, ch. 264, § 1.
§ 5-1-123. General sessions court empowered to enforce county rules.
  1. 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.
Backlinks (1)
History (1)
  • Acts 1995, ch. 264, § 1.
§ 5-1-124. County hospitals — Authority to enter into contracts and agreements.
  1. 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.
History (1)
  • Acts 1996, ch. 791, § 1.
§ 5-1-125. County officials or employees prohibited from purchasing surplus property except at public auction — Penalty.
  1. (a) 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. (b) A purchaser who violates this section commits a Class A misdemeanor.
History (2)
  • Acts 1998, ch. 1043, § 2
  • 2005, ch. 10, § 1.
§ 5-1-126. Requirements prior to employment with county.
  1. (a) A county may require all persons prior to employment with such county to:
    1. (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. (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. (b) 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. (c) 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.
History (1)
  • Acts 2000, ch. 693, § 2.
§ 5-1-127. Charter of incorporation to be posted on Internet.
  1. (a) 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. (b) 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.
History (1)
  • Acts 2008, ch. 808, § 1.
§ 5-1-128. Sale of surplus property by public auction includes sale by Internet auction.
  1. 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.
History (1)
  • Acts 2009, ch. 173, § 3.
§ 5-1-129. Design review commission.
  1. (a)
    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. (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. (A) Nonresidential property; or
      2. (B) Multiple family residential property.
    3. (3) The county legislative body may designate the planning commission as the design review commission.
    4. (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. (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. (b) 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. (c) 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. (d) This section shall not apply to any agricultural buildings in the unincorporated area of the county.
  5. (e) 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. (f) 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. (g) Nothing in this section shall be construed to apply to “outdoor advertising” as defined in § 54-21-102.
History (1)
  • Acts 2012, ch. 1034, § 1.
§ 5-1-130. Contracts and agreements of economic and community development program as public record.
  1. (a) 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. (b) This section does not apply to trade secrets received or maintained by a county. All such trade secrets are confidential.
  3. (c) 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. (d) As used in this section:
    1. (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. (2) “Marketing information” means marketing studies, marketing analyses, and similar research and information designed to identify potential customers and business relationships; and
    3. (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.
History (1)
  • Acts 2017, ch. 421, § 1.
§ 5-1-131. Term limits relative to persons serving without compensation.
  1. 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.
History (1)
  • Acts 2018, ch. 761, § 1.
§ 5-1-132. Prohibited regulation of business of person under 18 years of age.
  1. (a) As used in this section:
    1. (1) “Business” means any enterprise carried on for the purpose of gain or economic profit; and
    2. (2) “Gross receipts”:
      1. (A) Means all receipts from whatever sources derived before any deductions; and
      2. (B) Does not include tips, gratuities, or other amounts customarily assumed to be intended for the person who has served the customer or client.
  2. (b) 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. (1) Is operated solely by a person or persons under eighteen (18) years of age;
    2. (2) Is located on private property with the permission of the property owner; and
    3. (3) Generates gross receipts of three thousand dollars ($3,000) or less in a calendar year.
History (1)
  • Acts 2019, ch. 210, § 1.
§ 5-1-133. Prohibited regulation of online marketplace.
  1. (a) As used in this section, “online marketplace” means a person or entity that:
    1. (1) Provides for consideration, regardless of whether the consideration is deducted as a fee from the transaction, an online application, software, website, system, or other medium, through which a good or service in this state is advertised or offered to the public as available; and
    2. (2) Directly or indirectly provides or maintains a platform for goods or services by performing the following:
      1. (A) Providing a payment system that facilitates a transaction between two (2) platform users;
      2. (B) Transmitting or otherwise communicating the offer or acceptance of a transaction between two (2) platform users;
      3. (C) Owning or operating the infrastructure, whether electronic or physical, or technology that brings two (2) or more users together;
      4. (D) Providing a virtual currency that users are allowed or required to use to transact; or
      5. (E) Providing software development or research and development activities related to any of the activities described in this subdivision (a)(2).
  2. (b) A county, including a county with a metropolitan form of government, shall not:
    1. (1) Regulate the operation of an online marketplace; or
    2. (2) Require an online marketplace to provide personally identifiable information of users without an administrative subpoena or court order.
History (1)
  • Acts 2021, ch. 339, § 1.
§ 5-1-134. Regulation of junkyards.
  1. A county may regulate junkyards located within the county's boundaries, by rule, regulation, ordinance, zoning, or private act, as long as the rules or regulations are at least as stringent as those promulgated pursuant to the authority contained in the Junkyard Control Act of 1967, compiled in title 54, chapter 20, part 1.
History (1)
  • Acts 2021, ch. 343, § 1.
Part 2 Charter Form of Government
§ 5-1-201. Purpose — Construction.
  1. (a) It is hereby declared to be the legislative intent and purpose of this part to provide for the right to charter for counties as an alternate form of county government.
  2. (b) This part shall be liberally construed as a utilization of the constitutional power granted by amendment to the Constitution of Tennessee, article VII, § 1 approved at an election on March 7, 1978.
Backlinks (1)
History (2)
  • Acts 1979, ch. 402, § 1
  • T.C.A., § 5-121.
§ 5-1-202. Charter adoption — Effect on existing offices, etc. — Effect on constitutional officers.
  1. (a) After adoption of a charter pursuant to this part, no right, power, duty, obligation or function of any officer, agency or office of such county shall be retained and continued unless this part or the charter of such county expressly so provides, or unless such retention and continuation be required by the Constitution of Tennessee.
  2. (b) The adoption of a charter shall not have the effect of removing the incumbent from any county office or abridging the term or altering the salary prior to the end of the term for which such public officer was elected.
  3. (c) No charter, whether existing or adopted after May 22, 2019, may be interpreted or amended to alter, amend, or reduce the duties, qualifications, or privileges of the constitutional county offices of sheriff, register, county clerk, assessor of property, or trustee in a manner inconsistent with the laws of this state; provided, that a charter may increase the duties of such offices in a manner consistent with the laws of this state. This subsection (c) must not be construed to affect the terms of the constitutional county offices of sheriff, register, county clerk, assessor of property, or trustee.
History (3)
  • Acts 1979, ch. 402, § 2
  • T.C.A., § 5-122
  • Acts 2019, ch. 458, § 1.
§ 5-1-203. Authority to adopt charter form.
  1. (a) Each county in this state may adopt a charter form of government as provided in this part.
  2. (b) Such charter when complete shall result in the creation and establishment of an alternate form of county government to perform all the governmental and corporate functions previously performed by the county.
  3. (c) Such charter form of government shall replace the existing form if approved by a majority of the voters in a referendum.
History (2)
  • Acts 1979, ch. 402, § 3
  • T.C.A., § 5-123.
§ 5-1-204. Charter commission — Creation.
  1. (a) The initial step in a charter form of county government shall be the creation of a charter commission.
  2. (b)
    1. (1) The charter commission may be created by the adoption of a charter resolution by the legislative body of a county.
    2. (2) Such resolution shall be adopted by a majority of all members constituting such legislative body, and not by merely a majority of the quorum at any regular meeting or at any meeting specially called to consider such resolution.
    3. (3) Such resolution shall provide that a charter commission is established to propose to the people an alternative form of county government to perform all of the governmental and corporate functions of the county.
    4. (4) Such resolution shall provide that an election shall be held to select members of the charter commission.
    5. (5) Members of the charter commission shall be elected from the same districts and in the same manner as the members of the county legislative body. No more than three (3) members of the charter commission shall be elected from any one (1) district.
    6. (6) A copy of the resolution providing for an election to select members of the charter commission shall be certified by the county clerk to the county election commission, together with certificates as to the fact and date of adoption, and thereupon an election shall be held as provided in § 5-1-205.
  3. (c)
    1. (1) Alternatively, the charter commission may be created by proclamation of the county mayor.
    2. (2) Such proclamation shall be ratified by a two-thirds (⅔) vote of all members constituting the county legislative body, and not by merely a majority of the quorum at any regular meeting or at any meeting specially called to consider such proclamation.
    3. (3) Such proclamation shall provide that a charter commission is established to propose to the people an alternative form of county government to perform all of the governmental and corporate functions of the county.
    4. (4) Such proclamation shall also identify and appoint the individual members of the charter commission.
    5. (5) Members of the charter commission shall be appointed from the same districts as members of the county legislative body are elected. No more than three (3) members of the charter commission shall be appointed from any one (1) district.
    6. (6) This subsection (c) shall not apply in counties having a population of:
      3. 4,3004,400
      4. 4,5004,600
      5. 6,1256,225
      6. 7,6507,700
      7. 9,3509,400
      8. 13,56513,600
      9. 14,92514,940
      10. 15,67515,775
      11. 19,50019,575
      12. 26,40026,500
      13. 31,90032,000
      14. 32,60032,700
      15. 38,30038,315
      16. 47,57547,615
      17. 143,900144,000
      19. according to the 1980 federal census or any subsequent federal census.
  4. (d)
    1. (1) A charter resolution creating a charter commission may be initiated by petition of the voters in the following manner:
      1. (A) The petition shall be addressed to the county legislative body requesting that a charter commission be created, and it shall state the number of members to be elected as members of such commission;
      2. (B) The petition shall state the number of members to be elected from each of the same districts as members of the county legislative body. No more than three (3) members of the charter commission shall be elected from any one (1) district;
      3. (C) The petition shall be signed by at least a number of registered voters in the county equal to ten percent (10%) of the total number of votes cast in such county for governor at the last preceding gubernatorial election;
      4. (D) The petition requesting such resolution shall be filed with the county clerk and a photographic copy of the petition shall be filed at the same time with the county election commission, which shall be the judge of the sufficiency of the petition.
    2. (2) The county election commission shall hold an election on the charter resolution, as in subsection (b).
  5. (e) A charter commission may be created in any county in the manner prescribed by private act of the general assembly.
  6. (f)
    1. (1) Nothing contained within this section shall be construed to affect the judicial system in any county adopting a charter form of government except as its charter or ordinances may direct the imposing, levying or collection of fines, penalties, fees or court costs or the procedures for the filling of vacancies as required by law.
    2. (2) This subsection (f) shall not apply to counties with a population of not less than two hundred eighty-five thousand (285,000) nor more than two hundred ninety thousand (290,000), based upon the 1980 federal census.
History (6)
  • Acts 1979, ch. 402, § 4
  • T.C.A., § 5-124
  • Acts 1983, ch. 422, §§ 1, 2
  • 1984, ch. 763, § 1
  • 1984, ch. 905, §§ 1, 2
  • 2003, ch. 90, § 2.
§ 5-1-205. Charter commission — Election of members.
  1. (a) Upon the adoption of a charter resolution by the legislative body of a county or by petition of the voters, which resolution provides for an election of the members of a charter commission, it shall be the duty of the county election commission to call an election to elect members of the charter commission, such election to be held concurrently with the next primary or general election in the county occurring seventy-five (75) days or more after such resolution is adopted or otherwise becomes effective.
  2. (b) The cost of the election shall be paid out of the county funds.
  3. (c) The number of candidates in each district receiving the highest total vote in such election, as specified in such resolution, shall be elected as members of the charter commission.
  4. (d) Any qualified voter of the county shall be eligible for election as a member of such charter commission.
  5. (e) The deadline for filing nominating petitions for candidates for the charter commission shall be no later than twelve o'clock (12:00) noon, prevailing time, on the date established in § 2-5-101. For any election of charter commission members held within the year 2010, the candidates for the office 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, and candidates must withdraw no later than twelve o'clock (12:00) noon, prevailing time, on the fifty-second day before the election.
Backlinks (1)
History (3)
  • Acts 1979, ch. 402, § 5
  • T.C.A., § 5-125
  • Acts 2010, ch. 948, § 1.
§ 5-1-206. Charter commission — Meetings — Organization — Staff.
  1. (a) The members of the charter commission shall hold an organizational meeting at the courthouse at ten o'clock a.m. (10:00 a.m.) on the fifth weekday following their certification of election or, alternatively, as the case may be, on the fifth weekday following ratification by the county legislative body of the proclamation providing for their appointment, or at such subsequent date and place as a majority of the members may choose.
  2. (b) The charter commission shall elect a chair, chair pro tempore, a secretary, and such other officers as it may deem necessary.
  3. (c) The charter commission shall be authorized to employ such staff as may be required to assist it in drafting a charter for an alternate form of county government to be proposed for adoption.
  4. (d) Members of the charter commission shall not receive per diem or other compensation for their services, but may be reimbursed for actual expenses.
  5. (e) The staff employed by such commission shall be paid compensation as determined by such charter commission within the limits of funds available to it under this part.
  6. (f) Any vacancy in the office of charter commissioner shall be filled by an election of a new member by the county legislative body.
  7. (g) All meetings of the charter commission shall be held in compliance with title 8, chapter 44.
History (3)
  • Acts 1979, ch. 402, § 6
  • T.C.A., § 5-126
  • Acts 1983, ch. 422, § 2.
§ 5-1-207. Charter commission — Appropriations — Assistance of public officials.
  1. (a) Whenever any charter commission is established, it shall be the duty of the legislative body of the county to appropriate sufficient funds to defray the expenses of such commission, which appropriation shall be not more than fifty thousand dollars ($50,000). Such funds shall be disbursed by the county mayor or other fiscal officer of the county upon vouchers or warrants signed by the chair and the secretary of such commission.
  2. (b) All public officials shall, upon request, furnish the commission with all information and assistance necessary or appropriate for its work.
History (3)
  • Acts 1979, ch. 402, § 7
  • T.C.A., § 5-127
  • Acts 2003, ch. 90, § 2.
§ 5-1-208. Charter commission — Duties.
  1. (a) Each charter commission shall prepare and file the charter proposed by it not later than nine (9) months after the date of its initial meeting, or within such extended limit of time as may be authorized by resolution of the legislative body of the county.
  2. (b) The chair of the charter commission shall certify and file copies of such proposed charter with the county clerk and with the county election commission. Such copies shall be public records, available for inspection or examination by any interested person. Such charter commission shall also furnish or make available to every daily or weekly newspaper published in the county a complete copy of such charter.
  3. (c) Such charter commission shall take such other steps within the limitation of its available funds as it deems reasonable and appropriate to inform the public throughout the county of the contents of the proposed charter, and the same may be published or summarized in pamphlets and booklets to be made available for general distribution.
Backlinks (1)
History (2)
  • Acts 1979, ch. 402, § 8
  • T.C.A., § 5-128.
§ 5-1-209. Charter referendum.
  1. (a) After a copy of the proposed charter has been certified to the county election commission, as provided in § 5-1-208, it shall be the duty of the county election commission to hold a referendum election for the ratification or rejection of the proposed charter.
  2. (b) The ballots used in the election shall have printed on them a brief summary of the proposed charter as required by § 2-5-208(f). The ballots shall be prepared so as to provide a choice for voters as follows:
    1. For a charter form of county government .
    2. Against a charter form of county government .
  3. (c) The referendum election shall be held at the time of the next general election. Notice of the referendum election shall be given as required in other elections on questions submitted to the vote of the people.
  4. (d) The proposed charter shall be deemed ratified and adopted if it is approved by a majority of those voting in the referendum.
  5. (e)
    1. (1) The returns of the referendum election shall be certified by the county election commission to the secretary of state, together with a copy of the charter previously filed with such county election commission by the charter commission.
    2. (2) Thereupon, the secretary of state shall issue a proclamation showing the result of such election on the adoption or rejection of the proposed charter, one (1) copy of which proclamation shall be attached to the copy of the charter theretofore certified to the secretary of state and one (1) copy of which shall be delivered to the county clerk, who shall attach the same to the copy of the charter theretofore certified to such county clerk.
    3. (3) Whenever a charter form of county government has been adopted, such two (2) certified copies with proclamations attached thereto shall be deemed duplicate original copies of the charter of such government.
    4. (4) The certified copy of the charter and proclamation deposited with the county clerk shall subsequently be delivered by such county clerk to such officer of the county government as the charter may direct.
Backlinks (1)
History (2)
  • Acts 1979, ch. 402, § 9
  • T.C.A., § 5-129.
§ 5-1-210. Charter contents.
  1. The proposed county charter shall provide:
    1. (1) For the creation of an alternative form of county government vested with any and all powers that counties are, or may hereafter be, authorized or required to exercise under the Constitution and general laws of the state, and any and all powers and duties of such county that are required or authorized by private acts effective on the date of ratification of such charter, as fully and completely as though the powers were specifically enumerated therein;
    2. (2) That such chartered county government shall be a public corporation, with perpetual succession, capable of suing and being sued, and capable of purchasing, receiving and holding property, real and personal, and of selling, leasing or disposing of the same to the extent as other counties;
    3. (3) For a county legislative body, which shall be the legislative body of the county and shall be given all the authority and functions of the legislative body of the county being chartered, with such exceptions and with such additional authority as may be specified elsewhere in this part;
    4. (4) For the size, method of election, qualification for holding office, method of removal, and procedures of the county legislative body with such other provisions with respect to such body as are normally related to the organization, powers and duties of governing bodies in counties;
    5. (5) For the assignment of administrative and executive functions to officers of the county government, which officers may be given, subject to such limitations as may be deemed appropriate or necessary, all or any part of the administrative and executive functions possessed by the county being chartered and such additional powers and duties, not inconsistent with general law or the Constitution of Tennessee;
    6. (6) For the names or titles of the administrative and executive officers of the county government, their qualifications, compensation, method of selection, tenure, removal, replacement and such other provisions with respect to such officers, not inconsistent with general law, as may be deemed necessary or appropriate for the county government;
    7. (7) For such administrative departments, agencies, boards and commissions as may be necessary and appropriate to perform the functions of county government in an efficient and coordinated manner and for this purpose for the alteration or abolition of existing county offices, departments, boards, commissions, agencies and functions, except where otherwise provided in this part or prohibited by the Constitution of Tennessee;
    8. (8) For the maintenance and administration of an effective civil service system and of county employees' retirement and pension systems and the regulation of such systems; provided, that nothing in this part or in a charter adopted pursuant to this part shall impair or diminish the rights and privileges of the existing employees under civil service or in the existing county employees' retirement and pension systems. Nothing in this subdivision (8) shall be construed to require any county to establish a civil service system or to establish and maintain its own retirement and pension system in the adoption of a charter form of county government;
    9. (9) For the method and procedure by which such charter may subsequently be amended; provided, that no such amendment shall be effective until submitted to the qualified voters of the county and approved by a majority of those voters voting thereon;
    10. (10) For such procedures, methods and steps as are determined to be necessary or appropriate to effectuate a transition from the existing county government to the chartered form of county government;
    11. (11) Such terms and provisions as are contained in any private act with respect to any county owned utility supported by its own revenues and operated, administered and managed pursuant to such private act; provided, that such terms and provisions of the charter may subsequently be amended pursuant to subdivision (9); and
    12. (12) That the duties of the constitutional county officers as prescribed by the general assembly shall not be diminished under a county charter form of government; provided, that such officers may be given additional duties under such charters.
History (2)
  • Acts 1979, ch. 402, § 10
  • T.C.A., § 5-130.
§ 5-1-211. Chartered counties — Ordinances.
  1. (a) The legislative body of each county that adopts a charter form of county government may pass ordinances relating to purely county affairs, but such ordinances shall not be opposed to the general laws and shall not interfere with the local affairs of any municipality within the limit of such county.
  2. (b) Each county government created and established pursuant to this part is empowered to set maximum monetary penalties and forfeitures up to one thousand dollars ($1,000) for violation of county ordinances. In counties with a population of over seven hundred thousand (700,000), according to the 1990 federal census, no fine over fifty dollars ($50.00) is allowed unless the ordinance permitting such is approved by a two-thirds (⅔) vote of the county commission.
  3. (c)
    1. (1) Every ordinance shall be read on three (3) different days in open session of the legislative body before its adoption, and not less than one (1) week shall elapse between first and third readings, and any ordinance not so read shall be null and void. Such county may establish by ordinance a procedure to read the caption of an ordinance on the first and second readings and an ordinance in its entirety on the third reading; provided, that for any ordinance that is longer than two (2) typewritten pages, the county may adopt a procedure to read a summary of the ordinance in lieu of reading the entire ordinance. Copies of such ordinances shall be available during regular business hours at the office of the county clerk and during sessions in which the ordinance has its second and third readings.
    2. (2) Unless prohibited by its charter, the county legislative body of a county that has a charter form of county government may by ordinance require every ordinance to be read on two (2) different days in open session of the legislative body before its adoption, and not less than one (1) week shall elapse between first and second readings, and any ordinance not so read shall be null and void. Such county may establish by ordinance a procedure to read the caption of an ordinance on the first reading and an ordinance in its entirety on the second reading; provided, that for any ordinance that is longer than two (2) typewritten pages, the county may adopt a procedure to read a summary of the ordinance in lieu of reading the entire ordinance. Copies of such ordinances shall be available during regular business hours at the office of the county clerk and during sessions in which the ordinance has its second reading.
  4. (d)
    1. (1) An ordinance shall not take effect until fifteen (15) days after its passage, except in case of an emergency ordinance.
    2. (2) An emergency ordinance may become effective upon the day of its final passage; provided, that it shall contain the statement that an emergency exists and shall specify with distinctness the facts and reasons constituting such an emergency.
    3. (3) The unanimous vote of all members of the legislative body present shall be required to pass an emergency ordinance.
    4. (4) No ordinance making a grant, renewal or extension of a franchise or other special privilege, or regulating the rate to be charged for its service by any public utility shall ever be passed as an emergency ordinance.
    5. (5) No ordinance shall be amended except by a new ordinance.
  5. (e) In all ordinances adopted under subsections (c) and (d), the vote shall be determined by yeas and nays, and the names of the members voting for or against an ordinance shall be entered upon the journal.
  6. (f) The county clerk shall number and compile in an ordinance book all ordinances and shall preserve such book in the county clerk's office.
  7. (g) After passage all ordinances of a penal nature shall be published at least once in a newspaper of general circulation in the county, and no such ordinance shall take effect prior to its publication.
  8. (h) Ordinances shall be enforced by the chief law enforcement officer of the county, unless an ordinance otherwise provides.
  9. (i) Persons charged with violation of an ordinance in whole or in part shall be tried in the court of general sessions. Any fines collected for such violation shall be paid into the county general fund unless the ordinance otherwise provides.
History (6)
  • Acts 1979, ch. 402, § 11
  • T.C.A., § 5-131
  • Acts 1988, ch. 645, § 1
  • 1992, ch. 681, § 1
  • 1993, ch. 186, § 1
  • 1999, ch. 100, § 1.
§ 5-1-212. Charter adoption — Rights, etc., preserved.
  1. (a) The creation and establishment of a charter form of county government pursuant to this part shall not alter or change zoning regulations effective in the county, but the same shall continue until modified or changed by the county legislative body acting under authority granted in the charter.
  2. (b) Nothing in the charter of a county shall be construed to abolish, limit or abrogate any rights, privileges, duties or liabilities created by contract with the existing form of county government prior to the adoption of the county charter.
  3. (c) Nothing in the charter of a county shall be construed to abolish, limit or abrogate any rights of or against the county existing prior to the adoption of the county charter.
History (2)
  • Acts 1979, ch. 402, § 12
  • T.C.A., § 5-132.
§ 5-1-213. Chartered counties — Privilege taxes.
  1. Each county government created and established pursuant to this part shall be authorized and empowered to levy within its area any and every privilege tax that a county is now authorized to levy or may hereafter be authorized to levy.
History (2)
  • Acts 1979, ch. 402, § 13
  • T.C.A., § 5-133.
§ 5-1-214. Charter adoption — Effective date.
  1. If a charter is approved as provided in § 5-1-209, the charter form of government shall take effect in the county on September 1 of the year in which the terms of the incumbent members of the county legislative body expire; provided, that such referendum shall have been held at least eighty (80) days prior to such date.
History (2)
  • Acts 1979, ch. 402, § 14
  • T.C.A., § 5-134.
§ 5-1-215. Financial policy on debt required for certain counties.
  1. The county legislative body of any county having a charter form of government that has a population in excess of eight hundred thousand (800,000), according to the 1990 federal census or any subsequent federal census, shall adopt a financial policy establishing guidelines and goals in regard to the amount and type of debt issued by or on behalf of such county. Such policy shall be adopted within one (1) year from May 30, 2001.
History (1)
  • Acts 2001, ch. 326, § 1.
Part 3 County Officials Certificate Training Program Act
§ 5-1-301. Short title.
  1. This part shall be known and may be cited as the “County Officials Certificate Training Program Act.”
History (1)
  • Acts 1989, ch. 303, § 1.
§ 5-1-302. Participants.
  1. In the interpretation of this part, “participant” includes county sheriffs, trustees, state court clerks, county clerks, county mayors, registers of deeds, assessors of property, chief administrative officers of the county highway departments, county legislative body members, and the staff, employees, deputies and assistants to such officials who take courses under the county officials certificate training program (COCTP) as administered by the University of Tennessee institute for public service's center for government training.
History (2)
  • Acts 1989, ch. 303, § 2
  • 2003, ch. 90, § 2.
§ 5-1-303. Creation.
  1. There is hereby created a county officials certificate training program (COCTP) to be offered and administered by the University of Tennessee institute for public service's center for government training, with the assistance of the University of Tennessee institute for public service's county technical assistance service, and conducted in cooperation with the Tennessee County Services Association (TCSA), the County Officials Association of Tennessee (COAT), and the Tennessee Sheriffs' Association (TSA).
Backlinks (1)
History (1)
  • Acts 1989, ch. 303, § 3.
§ 5-1-304. Levels of training — Credit hours — Curricula certification.
  1. (a) The county officials certificate training program (COCTP) shall be composed of three (3) levels of training: introductory, intermediate, and advanced.
  2. (b) At the successful completion of all three (3) levels, a participant shall have accumulated a minimum of one hundred fifteen (115) credit hours of instruction or related association involvement.
  3. (c) Curricula shall be offered for certification for the following county offices: county mayor, county legislative body member, county clerk, chief administrative officer of the county highway department, register of deeds, trustee, assessor of property, state court clerks and sheriff.
History (2)
  • Acts 1989, ch. 303, § 4
  • 2003, ch. 90, § 2.
§ 5-1-305. Introductory level — Requirements.
  1. (a) For successful completion of the introductory level, thirty-six (36) credit hours of course work from the introductory level curricula, which may include up to eight (8) credits for association activities, within the county officials certificate training program (COCTP) must be completed by a participant.
  2. (b) The introductory level curricula shall be the same for all of the county offices included within the COCTP and shall be developed by the University of Tennessee institute for public service's center for government training.
  3. (c) Introductory level requirements shall include one (1) course on county budgeting and one (1) course on supervisory/management skills.
  4. (d) Upon successful completion of the introductory level, a participant will be awarded an introductory level certificate by the University of Tennessee institute for public service's center for government training.
History (1)
  • Acts 1989, ch. 303, § 5.
§ 5-1-306. Introductory level renewal sticker.
  1. Participants who do not wish to enter the intermediate level or the advanced level or who cannot complete the requirements of the next level within one (1) year may complete eighteen (18) hours of training from courses not taken within the previous year and earn a renewal sticker to attach to the introductory level certificate.
History (1)
  • Acts 1989, ch. 303, § 6.
§ 5-1-307. Intermediate level — Requirements.
  1. (a) For successful completion of the intermediate level, fifty-one (51) credit hours of course work, including twenty-seven (27) credit hours for all officials and twenty-four (24) credit hours from the office specific courses developed for each of the county offices included in the county officials certificate training program (COCTP) must be completed by a participant.
  2. (b) All intermediate level courses will include a post test as part of the course work, which must be passed by the participant prior to receiving credit for the course work.
  3. (c) Participants who do not pass an intermediate level course shall repeat the course.
  4. (d) Intermediate level courses may be taken prior to introductory level courses.
  5. (e) Certificates will only be awarded by the University of Tennessee institute for public service's center for government training in the proper sequence.
  6. (f) Upon successful completion of the intermediate level, a participant will be awarded an intermediate level certificate by the University of Tennessee institute for public service's center for government training.
History (1)
  • Acts 1989, ch. 303, § 7.
§ 5-1-308. Advanced level — Requirements.
  1. (a) For successful completion of the advanced level, twenty-eight (28) credit hours of course work must be completed by a participant. Such course work shall include a fourteen-hour roundtable discussion of the intergovernmental issues affecting counties in particular and the way the management knowledge gained through the county officials certificate training program (COCTP) can be applied, as well as the participation in a real-life case study exercise to identify a specific problem/opportunity in the office discussing with other roundtable participants the manner in which the participant would address the problem or opportunity with skills learned in the COCTP.
  2. (b) At the end of the advanced level, participants who have successfully completed all three (3) levels will be designated “Certified Public Administrators”, in recognition of the significant time committed to their professional development, by the University of Tennessee institute for public service's center for government training.
Backlinks (2)
History (1)
  • Acts 1989, ch. 303, § 8.
§ 5-1-309. Modification of course level requirements.
  1. Modification of the course level requirements outlined in this part, including renewal criteria for any level, may be made by the University of Tennessee institute for public service's center for government training with the concurrence of a majority of the education committees of the associations referred to in § 5-1-303.
History (1)
  • Acts 1989, ch. 303, § 9.
§ 5-1-310. Certified public administrator — Educational incentive payments.
  1. (a) Any full-time county officer enumerated in § 8-24-102 who is designated as a “certified public administrator” pursuant to § 5-1-308 shall receive an annual educational incentive payment from the state treasurer in the amount of three hundred seventy-five dollars ($375), which amount shall be increased by a like amount each year until the official receiving such designation or continuing such designation shall receive an annual incentive amount of one thousand five hundred dollars ($1,500).
  2. (b) By no later than August 31 of each year, the University of Tennessee institute for public service's center for government training shall provide the state treasurer with a list of all county officers described in subsection (a) who have successfully completed all levels of the county officials certificate training program (COCTP) for that year. The list shall include the respective address of each such county officer and other information that the state treasurer may deem necessary.
  3. (c) The incentive provided for in subsection (a) shall continue to be paid each year to any such county officer; provided, that the officer is included in the list submitted under subsection (b) as having successfully completed the continuing education requirements of the program and all other requirements necessary to maintain the officer's designation as a certified public administrator.
  4. (d) The incentive provided for by this section shall be paid by the state treasurer from funds appropriated for that purpose. The incentive shall be paid no later than October 31 of each year.
  5. (e) The state treasurer shall offset the amount of any incentive payable to a county officer under this section against any other incentive or payment for professional training or development payable by the state to the officer so that the total amount paid to the officer by the state does not exceed one thousand five hundred dollars ($1,500). The offset provided in this subsection (e) shall not be applicable to incentive compensation payable to assessors of property pursuant to § 67-1-508, and certified public administrator incentives payable to assessors shall be determined without regard to incentives payable under § 67-1-508.
  6. (f) Notwithstanding this section or any other law to the contrary, the availability or the amount of the incentive authorized by this section shall be subject to the appropriation of funds in each year's general appropriations act for the purposes set forth in this section. If, in any given year, the amount appropriated in that year's general appropriations act is not sufficient to pay each eligible county officer in full, then the amount available shall be prorated by the state treasurer among such officers. Any unpaid portion shall not be carried forward to subsequent years.
  7. (g) Any payment made pursuant to this section shall be considered as an incentive for the successful completion of educational training and shall not be considered in determining the county officer's average final compensation for retirement purposes pursuant to title 8, chapters 34-37. Further, the incentive payment shall not be used for the purpose of computing the salary or compensation of any other public official other than the officer receiving the incentive.
  8. (h) The incentive provided for by this section shall not be paid retroactively, but shall become effective for the fiscal year beginning July 1, 1998.
  9. (i) Each county is encouraged and authorized to provide in its annual budget for payment of an annual educational incentive to employees as defined in § 29-20-102 who attain the designation of a “certified public administrator” pursuant to § 5-1-308 in an amount not to exceed three thousand dollars ($3,000) less any payment received from the state as provided in subsection (a). The incentive provided by this section shall be paid from funds appropriated for such purpose and shall be paid in one (1) payment, no later than October 31. In any county providing such an incentive, the county mayor shall provide to the state treasurer the amount of any educational incentive paid in the county and the number of persons receiving such incentive, which the state treasurer shall compile in an annual report.
Backlinks (1)
History (6)
  • Acts 1998, ch. 941, § 1
  • 2001, ch. 405, § 8
  • 2003, ch. 90, § 2
  • 2005, ch. 204, §§ 5-7
  • 2007, ch. 184, § 1
  • 2007, ch. 473, § 1.
Chapter 2 Changes in Boundaries—New Counties
§ 5-2-101. New counties — General requirements.
  1. (a) New counties may be established by the general assembly that consist of not less than two hundred seventy-five square miles (275 sq. mi.), and that shall contain a population of not less than seven hundred (700) qualified voters.
  2. (b) No line of such county shall approach the courthouse of any old county from which it may be taken nearer than eleven (11) miles, nor shall such old county be reduced to less than five hundred square miles (500 sq. mi.).
  3. (c) No part of a county shall be taken off to form a new county or a part thereof without the consent of two thirds (⅔) of the qualified voters in such part taken off; and where an old county is reduced for the purpose of forming a new one, the seat of justice in the old county shall not be removed without the concurrence of two thirds (⅔) of both branches of the general assembly.
History (4)
  • Code 1858, § 82 (deriv. Const. 1834, art. 10, § 4)
  • Shan., § 100 (as mod. by Const. 1870, art. 10, § 4)
  • Code 1932, § 117
  • T.C.A. (orig. ed.), § 5-201.
§ 5-2-102. New counties — Notice of petition for creation.
  1. When it is intended to petition the general assembly to create a new county, notice of such intention shall be posted on meeting days of the county legislative bodies, at least sixty (60) days next preceding the annual election of representatives to the general assembly, at the front doors of the courthouses of the counties from which the new county is proposed to be formed, which notice shall set forth the names of such counties, and the metes and bounds proposed for the new county.
History (4)
  • Code 1858, § 83 (deriv. Acts 1849-1850, ch. 112)
  • Shan., § 101
  • Code 1932, § 120
  • T.C.A. (orig. ed.), § 5-202.
§ 5-2-103. Memorial for division of county.
  1. (a) Any person desiring to divide a county shall prefer a memorial to the general assembly for that purpose.
  2. (b) The memorial shall describe the line or lines of the proposed division and be accompanied by a fair and accurate plat of the county to be divided, representing together the old counties and the new one, the survey and plat to be made by a sworn surveyor, and by such surveyor subscribed and certified to be just and true.
History (4)
  • Code 1858, §§ 88, 89 (deriv. Acts 1796 (March S.), ch. 13, §§ 1, 2)
  • Shan., §§ 110, 111
  • Code 1932, §§ 129, 130
  • T.C.A. (orig. ed.), § 5-203.
§ 5-2-104. Boundary changes — Plats and surveys.
  1. (a) All applications for legislation changing county lines shall be accompanied by:
    1. (1) An accurate survey and plat, showing the changes asked for, and giving courses and distances of the county line as it will be left after such change should be made; and
    2. (2) After consideration of the potential impact to all relevant departments, a resolution approved by two-thirds (⅔) of the county commissioners of all counties affected by such boundary line change.
  2. (b) No bill providing for such change shall be in order unless so accompanied.
History (6)
  • Acts 1895, ch. 105, § 1
  • Shan., § 93
  • Code 1932, § 111
  • T.C.A. (orig. ed.), § 5-204
  • Acts 1999, ch. 331, § 1
  • 2022, ch. 940, § 1.
§ 5-2-105. Transferred areas — Continuing liability.
  1. The fractions taken from old counties to form new counties, or taken from one (1) county and added to another shall continue to be liable for their pro rata of all debts contracted by their respective counties prior to the separation, and be entitled to their proportion of any stocks or credits belonging to such old counties.
History (4)
  • Const. 1870, art. 10, § 4
  • Shan., § 100a1
  • Code 1932, § 118
  • T.C.A. (orig. ed.), § 5-205.
§ 5-2-106. Transferred areas — Voting rights.
  1. The registered voters who may be included in any new county shall vote with the county or counties from which they may have been stricken off, for members of congress, for governor and for members of the general assembly until the next apportionment of members to the general assembly after the establishment of such new county.
History (5)
  • Const. 1870, art. 10, § 5
  • Shan., § 100a2
  • mod. Code 1932, § 119
  • Acts 1972, ch. 740, § 4(1)
  • T.C.A. (orig. ed.), § 5-206.
§ 5-2-107. Transcription of records.
  1. The county legislative bodies of new counties so formed may appoint a commissioner or commissioners to transcribe the records of all title deeds to lands and mortgages and other pertinent instruments affecting lands lying in the new counties, and when the transcript is completed, the register of the county from which the same is taken shall affix such register's certificate to the transcript, and the same shall be filed with the register of the new county, and a copy from the transcript shall be as valid evidence of title in all courts of law and equity in this state as the original would be; provided, that the expenses of the transcript shall be paid by the county or counties for whose benefit the same is made.
History (5)
  • Acts 1870-1871, ch. 112, § 2
  • Shan., § 109
  • Code 1932, § 128
  • impl. am. Acts 1978, ch. 934, §§ 7, 36
  • T.C.A. (orig. ed.), § 5-207.
§ 5-2-108. New or altered counties — Pending litigation.
  1. (a) All actions at law or in equity, or causes in the court of general sessions of any old county where new counties have been formed from the territory of the same, if the parties interested in the suits live in the new counties so formed, and the subject matter of the suits originated within the limits of the new county, upon application of the parties litigant, or either of them, may be removed to the new county.
  2. (b) When the plaintiff and defendant in any litigation both reside in a new county established by law, the litigation, if pending in one (1) of the old counties from which the new county is taken, may be transferred to the court established for the new county, either common law, chancery, or criminal, according to the nature of the case.
History (6)
  • Code 1858, § 84 (deriv. Acts 1835-1836, ch. 86, § 1)
  • Acts 1870-1871, ch. 112, § 1
  • Shan., §§ 102, 108
  • Code 1932, §§ 121, 127
  • impl. am. Acts 1978, ch. 934, § 36
  • T.C.A. (orig. ed.), §§ 5-208, 5-209, 5-2-109.
§ 5-2-110. Transfer of court records.
  1. In all cases where new counties are formed out of fractions of old counties, or where fractions of one county are attached to another county, it shall be the duty of the judge or judges of the court of general sessions of the old county, or of the county from which the fraction is taken, to deliver all the dockets, papers, public laws and statutes belonging to that judge's office to the nearest judge of the new county, or of the county to which the fraction is attached, and the judges to which the dockets, etc., are delivered, shall have the same authority over the dockets, etc., and the judgments thereon, as is by law conferred on the judge rendering such judgment.
Backlinks (1)
History (5)
  • Acts 1873, ch. 114, § 1
  • Shan., § 105
  • Code 1932, § 124
  • impl. am. Acts 1979, ch. 68, § 3
  • T.C.A. (orig. ed.), § 5-210.
§ 5-2-111. Process on transferred records.
  1. Where the docket shall have been delivered as provided in § 5-2-110, it shall be the duty of the magistrate of the new county to issue executions, scire facias, and such other process as may be necessary for the enforcement of the judgments thereon, to the same extent and in as full a manner as the magistrate of the old county could have done, and it shall be the duty of the county clerk of the new county, upon presentation of any such process, to certify to the official character of the magistrate issuing the execution or other process, and any such process so certified shall have the same force and validity in any other county as is now by law given to such process when issued by a magistrate of an old county and certified by the clerk thereof.
History (5)
  • Acts 1873, ch. 114, § 2
  • Shan., § 106
  • Code 1932, § 125
  • impl. am. Acts 1978, ch. 934, §§ 22, 36
  • T.C.A. (orig. ed.), § 5-211.
§ 5-2-112. Dissolution of new county — Pending litigation.
  1. (a) When a new county that has been established by act of the general assembly and that has gone into operation is subsequently dissolved in any way or for any reason, the pending litigation in the courts and before the judges of the court of general sessions of that county shall not abate, but shall be transferred to the courts and judges of the old county from which the new county was formed.
  2. (b) The suits before judges of the court of general sessions, in such cases, will follow the place where the judge holds such judge's court.
  3. (c) Suits in court shall be transferred to the county in which the defendant resides, if the defendant resides in either of the old counties from which the new county was taken, and, if not, to the old county selected by the plaintiff.
History (5)
  • Code 1858, §§ 85, 86
  • Shan., §§ 103, 104
  • Code 1932, §§ 122, 123
  • impl. am. Acts 1979, ch. 68, § 3
  • T.C.A. (orig. ed.), § 5-212.
§ 5-2-113. Dissolution of new county — Fiduciaries.
  1. The executors, administrators and guardians appointed in such dissolved counties, who have not settled and closed their trusts, shall make settlements in the court of general sessions of the county that would have had jurisdiction if such new county had never been organized; and such persons may be proceeded against as if appointed in the old county.
History (5)
  • Code 1858, § 87 (deriv. Acts 1849-1850, ch. 28, § 1)
  • Shan., § 107
  • Code 1932, § 126
  • impl. am. Acts 1978, ch. 934, § 36
  • T.C.A. (orig. ed.), § 5-213.
§ 5-2-114. Location of boundaries — Authority of state board of equalization.
  1. The state board of equalization shall have jurisdiction to determine the location of county boundaries.
History (2)
  • Acts 1972, ch. 622, § 1
  • T.C.A., § 5-214.
§ 5-2-115. Location of boundaries — Assessment of property — Effects of county boundary changes — Notification.
  1. (a) In circumstances where property is claimed to be located within the boundaries of two (2) adjoining counties and the property has been assessed for property taxation by both counties, the location of county boundaries shall be determined by the state board of equalization.
  2. (b) If the state board determines that the entire property lies within either of the respective counties, it shall declare the assessment made by the other county void.
  3. (c) Upon a determination by the state board that the property is partially located within the boundaries of both counties, it shall determine the number of acres or amount of property lying within each of the respective counties and determine the pro rata value of the property lying within each of the counties and assess the same pursuant to § 67-5-505.
  4. (d) When property has been assessed in one county for five (5) years or more, the state board shall not have authority to rule that such property shall be located in a different county, but the board shall have authority to redress double assessment in these circumstances by voiding the later assessment to the extent it represents an assessment by both counties.
History (5)
  • Acts 1972, ch. 622, § 2
  • 1975, ch. 156, § 1
  • T.C.A., § 5-215
  • Acts 2000, ch. 622, § 1
  • 2010, ch. 739, § 1.
§ 5-2-116. Location of boundaries — Purposes other than assessment.
  1. (a) In circumstances where a dispute arises concerning the location of a county line for purposes other than property taxation, the state board of equalization shall have authority to determine the location of county lines.
  2. (b) In such disputes, the state board shall not have the authority to locate a county line so that property that has been assessed for property taxation purposes in one (1) county for five (5) years or more is located in a different county.
History (3)
  • Acts 1972, ch. 622, § 3
  • 1975, ch. 156, § 2
  • T.C.A., § 5-216.
§ 5-2-117. Location of boundaries — Effect of determination.
  1. Any determination of the state board of equalization regarding the location of county boundaries shall be final and conclusive subject to judicial review.
History (2)
  • Acts 1972, ch. 622, § 4
  • T.C.A., § 5-217.
§ 5-2-118. Location of boundaries — Shelby County — Fayette County.
  1. The boundary line between Shelby County and Fayette County shall be revised so that the new boundary line is established as follows:
    1. Starting at 881979.25, 339362.988 using state plane coordinate system feet to the north ROW line of U.S. Route 64 and also being the Shelby/Fayette Census County line used during the 2020 decennial census, then continuing to follow the north ROW line of U.S. Route 64 to 882208.999, 339462.774 being the southeast corner of the city of Arlington boundary and the north ROW of Braggs Drive. 882446.823, 347518.595 to 882678.993, 347556.253 north to 882999.026, 352890.871 being the north line of Donaldson Drive, then 883069.42, 352904.659 to 883088.68, 353336.334 to 882946.247, 353335.427 north to 883405.242, 359782.405 west 883159.589, 359801.227 north 883187.697, 360769.797 to 883183.462, 361179.937 then with a line identified as “county line” in the Fayette County parcel data 883494.906, 361324.25 then with a line identified as “county line” in the Fayette County parcel data 883199.561, 361485.534 then with a line identified as “county line” in the Fayette County parcel data 884030.465, 361643.962 then with a line identified as “county line” in the Fayette County parcel data 883502.208, 362294.051 northerly 883570.648, 362509.372, to 883621.035, 362788.147 then to the south ROW line of I-40 883683.362, 363764.332 to 884088.462, 368912.876 to 884122.047, 369526.035 to south side of ROW 884183.894, 370489.372 crossing ROW 884184.303, 370519.051 to 884139.163, 371413.127 to 884117.892, 372149.138 to 884020.079, 374931.699 crossing railroad 884161.515, 378467.292 to north line of the city of Arlington boundary then southwesterly to 884078.532, 378415.714 being the Shelby/Fayette Census County line used during the 2020 decennial census.
History (1)
  • Acts 2023, ch. 183, § 1.
Chapter 3 Consolidation of Counties
§ 5-3-101. State consolidation committee.
  1. (a) There is created a state consolidation committee composed of the following members:
    1. (1) The governor;
    2. (2) The attorney general and reporter or the attorney general and reporter's representative;
    3. (3) The commissioner of revenue or the commissioner's representative;
    4. (4) The commissioner of transportation or the commissioner's representative;
    5. (5) The commissioner of education or the commissioner's representative;
    6. (6) The commissioner of environment and conservation or the commissioner's representative; and
    7. (7) The director and secretary of the state planning office [abolished].
  2. (b)
    1. (1) The governor shall serve as chair of the committee and the committee shall meet subject to the call of the governor.
    2. (2) All members shall be notified, in advance, of the time and place of each meeting, and four (4) members shall constitute a quorum.
History (6)
  • Acts 1939, ch. 224, § 2
  • C. Supp. 1950, § 136.1 (Williams, § 136.2)
  • impl. am. Acts 1959, ch. 9, § 3
  • impl. am. Acts 1972, ch. 542, § 15
  • impl. am. Acts 1972, ch. 829, § 5
  • T.C.A. (orig. ed.), § 5-301.
§ 5-3-102. County consolidation committee.
  1. (a) Upon receipt of a petition, signed by qualified voters of any one (1) county, equal in number to at least twenty-five percent (25%) of the number of votes cast in the county for governor in the last general election, requesting the consolidation of the county or parts of the county with one (1) or more adjoining counties, the state consolidation committee shall appoint a county consolidation committee for the county.
  2. (b) The county consolidation committee shall be composed of the county mayor and the county trustee of the petitioning county, the county mayors of the adjoining counties, and five (5) signers of the petition designated by the governor.
History (5)
  • Acts 1939, ch. 224, § 3
  • C. Supp. 1950, § 136.2 (Williams, § 136.3)
  • impl. am. Acts 1978, ch. 934, §§ 16, 36
  • T.C.A. (orig. ed.), § 5-302
  • Acts 2003, ch. 90, § 2.
§ 5-3-103. Joint committee — Hearings and report.
  1. (a) The state consolidation committee and the county consolidation committee shall act as a joint committee to consider the request for consolidation and shall hold hearings thereon within the petitioning county.
  2. (b) The hearings shall be public and representatives of the governing bodies of the counties concerned in the proposed consolidation shall be invited to attend.
  3. (c) Within ninety (90) days of the receipt of the petition by the state consolidation committee, the joint committee shall report its findings and recommendations on the feasibility of consolidation of the petitioning county with another county or counties.
  4. (d) If such consolidation should be found desirable, the report shall recommend, among other things, the county or counties with which the petitioning county should be consolidated, and shall set the boundaries thereof.
  5. (e) The findings of the report shall be published in a newspaper or newspapers or a periodical of general distribution within the counties so affected.
History (3)
  • Acts 1939, ch. 224, § 3
  • C. Supp. 1950, § 136.2 (Williams, § 136.3)
  • T.C.A. (orig. ed.), § 5-303.
§ 5-3-104. Referendum.
  1. (a) If the report of the joint committee recommends that the petitioning county be consolidated, the county election commission of the petitioning county shall, after publication of the report, call an election in the county on the question of whether a constitutional majority of the qualified voters in the county are in favor of the plan of consolidation as recommended by the joint committee.
  2. (b) All registered voters in the county may vote in the election.
  3. (c)
    1. (1) After completion of its duties under § 2-8-105(3), the county election commission shall determine and certify the result of the election.
    2. (2) One (1) copy of the certificate shall be delivered by the county election commission to the county clerk of each of the counties affected, one (1) copy shall be delivered to the state consolidation committee, one (1) copy shall be delivered to the county consolidation committee, and one (1) copy shall be delivered to the secretary of state.
    3. (3) Any irregularity in the certificate or any failure or omission to deliver, to forward, to file, or to record the certificate, as provided in subdivision (c)(2), shall not affect the validity of the act, or the legality of the consolidation of the petitioning county with any other county or counties; provided, that it be a fact that a constitutional majority of the qualified voters of the petitioning county voted for the consolidation of the county at the election.
Backlinks (2)
History (5)
  • Acts 1939, ch. 224, § 4
  • C. Supp. 1950, § 136.3 (Williams, § 136.4)
  • Acts 1972, ch. 740, § 4(2)
  • impl. am. Acts 1978, ch. 934, §§ 22, 36
  • T.C.A. (orig. ed.), § 5-304.
§ 5-3-105. Dissolution of county — Effective date.
  1. (a) If the result of the election shall show that a constitutional majority of the votes cast, namely two thirds (⅔) or more of the qualified voters in the petitioning county, were in favor of the plan for consolidation, it is declared that the petitioning county shall be, and it shall stand, abolished and dissolved as such, and its territory shall be transferred to, and shall become a part of, the county or counties as set forth in the consolidation plan and any act or acts relating to the creation of the petitioning county shall be and become repealed.
  2. (b) The effective date of the abolishment of any such county and its offices shall be on the quadrennial date, computed from September 1, 1942, following next after completion of proceedings under this chapter.
History (3)
  • Acts 1939, ch. 224, § 5
  • C. Supp. 1950, § 136.4 (Williams, § 136.5)
  • T.C.A. (orig. ed.), § 5-305.
§ 5-3-106. Dissolution of county — Transfer of functions, etc.
  1. Immediately upon the effective date of the consolidation of the petitioning county, all county offices of the county shall be and stand abolished, and it shall be the duty of the several county officers in the county to surrender their offices, books, records, funds and other property, and account to the like officers in the county or counties as set forth in the plan for consolidation; and the receiving officers shall be and become entitled to the offices, books, records, funds and property; and the trustee or county clerk, as the case may be, of the absorbing county or counties, shall collect and disburse, as provided by law, all unpaid taxes, fines, licenses and fees for that portion of the county being consolidated with the absorbing county.
History (4)
  • Acts 1939, ch. 224, § 6
  • C. Supp. 1950, § 136.5 (Williams, § 136.6)
  • impl. am. Acts 1978, ch. 934, §§ 22, 36
  • T.C.A. (orig. ed.), § 5-306.
§ 5-3-107. Dissolution of county — Rights and duties of county officers.
  1. (a) In the event of a favorable vote under § 5-3-104, the constitutional and other elective officers of the petitioning county, as provided by law, shall continue to serve out their existing terms of office and shall receive full compensation therefor; provided, that such compensation shall not be on a higher rate than was set for the office one (1) year before the receipt of the petition for consolidation by the state consolidation committee; and provided further, that all such offices and compensation shall be and stand abolished upon the effective date of consolidation.
  2. (b) It shall be the duty of such officers to assist the like officers of the absorbing county or counties in effecting the necessary transfer of offices, books, records, funds and other property.
History (3)
  • Acts 1939, ch. 224, § 7
  • C. Supp. 1950, § 136.6 (Williams, § 136.7)
  • T.C.A. (orig. ed.), § 5-307.
§ 5-3-108. Districts.
  1. (a) All magisterial or civil districts shall become a part of the absorbing county or counties, as set forth in the consolidation plan.
  2. (b)
    1. (1) In the event the combined number of magisterial or civil districts in any absorbing county exceeds the constitutional limitation, namely twenty-five (25), the county legislative body of the county shall, in accordance with §§ 5-1-111 and 5-1-112, at its first regular meeting following the consolidation, redistrict the county to provide not more than the constitutional number of magisterial or civil districts.
    2. (2) In the event the county fails so to act, the state consolidation committee is empowered, authorized and directed so to redistrict the county.
History (4)
  • Acts 1939, ch. 224, § 7
  • C. Supp. 1950, § 136.6 (Williams, § 136.7)
  • impl. am. Acts 1978, ch. 934, §§ 7, 36
  • T.C.A. (orig. ed.), § 5-308.
§ 5-3-109. Indebtedness and property.
  1. In the event of a favorable vote under § 5-3-104, the indebtedness of the petitioning county shall be and become the obligation of and against the absorbing county or counties, subject to limitations as set forth in any legislation hereinafter enacted and as set forth in the consolidation plan; and in a like manner the title to all the property, real, personal or mixed, or of whatever character, that belongs to the petitioning county, shall pass to and be and become the property of the absorbing county or counties.
History (3)
  • Acts 1939, ch. 224, § 8
  • C. Supp. 1950, § 136.7 (Williams, § 136.8)
  • T.C.A. (orig. ed.), § 5-309.
§ 5-3-110. Transfer of court records.
  1. The records, papers, files, etc., in the chancery court, circuit court and court of general sessions of the petitioning county shall be, by the respective clerks of such courts, turned over to the clerks of the respective courts of the absorbing county or counties, as set forth in the consolidation plan.
History (4)
  • Acts 1939, ch. 224, § 8
  • C. Supp. 1950, § 136.7 (Williams, § 136.8)
  • impl. am. Acts 1978, ch. 934, § 36
  • T.C.A. (orig. ed.), § 5-310.
§ 5-3-111. Voting — Reapportionment.
  1. (a) From and after the effective date of consolidation, the qualified voters of the petitioning county or any portion thereof shall vote in any general or special election with the voters of the county absorbing the petitioning county or portion thereof.
  2. (b) The general assembly, following the effective date of consolidation, shall so apportion the members to the general assembly and shall make such adjustments in the judicial districts as may be found necessary.
History (3)
  • Acts 1939, ch. 224, § 9
  • C. Supp. 1950, § 136.8 (Williams, § 136.9)
  • T.C.A. (orig. ed.), § 5-311.
§ 5-3-113. Debt reorganization — Definition of terms.
  1. As used in §§ 5-3-113 — 5-3-121, the following words and terms have the following meanings:
    1. (1) “Absorbed county” means any county or a part of any county that is absorbed by another county;
    2. (2) “Absorbing county” means any county that absorbs any other county or portion of any county;
    3. (3) “Funding bonds” means bonds issued to pay or to extend the time of payment of debts not evidenced by bonds;
    4. (4) “Governing body” means the county legislative body of the “absorbing county”; and
    5. (5) “Refunding bonds” means bonds issued to pay or to extend the time of payment of debts evidenced by bonds.
Backlinks (9)
History (4)
  • Acts 1939, ch. 225, § 1
  • C. Supp. 1950, § 136.10 (Williams, § 136.12)
  • impl. am. Acts 1978, ch. 934, §§ 7, 36
  • T.C.A. (orig. ed.), § 5-313.
§ 5-3-114. Debt reorganization — Plan.
  1. (a) The governing body is authorized and empowered to prepare a plan of debt reorganization, which may include the bonded or floating indebtedness of the absorbing county, together with any bonded or floating indebtedness of any absorbed county, within ninety (90) days after a consolidation shall have taken place between counties or portions of counties.
  2. (b) The plan of debt reorganization shall be subject to the review of the state consolidation committee, which must approve the plan of debt reorganization in writing before the governing body of the absorbing county undertakes any funding or refunding. To this end, the state consolidation committee shall have the power and authority to demand the production of any and all county books and records, and to require the counties to submit such proofs and information as, in the judgment of the state consolidation committee, may be necessary or helpful.
  3. (c) Any plan of debt reorganization so prepared may provide for the issuance at one (1) time, or from time to time, of bonds of the absorbing or absorbed county for the following purposes:
    1. (1) Funding any or all warrants, notes or other indebtedness of such unit not evidenced by bonds, and interest accrued on the warrants, notes or other indebtedness, that are outstanding at the close of the fiscal year immediately preceding the authorization of such funding bonds;
    2. (2) Refunding any or all bonds of the absorbing and absorbed counties, and interest accrued thereon, whether such units issued such bonds or assumed or became liable therefor, including bonds not matured, if the unmatured bonds be then redeemable, or if the holder thereof be willing to surrender the same for retirement, and including bonds belonging to the sinking funds of such units; and
    3. (3) To pay any redemption premium upon bonds so refunded and also such expenses as the governing body may deem reasonable and proper for carrying out §§ 5-3-113 — 5-3-121.
History (3)
  • Acts 1939, ch. 225, § 2
  • C. Supp. 1950, § 136.11 (Williams, § 136.13)
  • T.C.A. (orig. ed.), § 5-314.
§ 5-3-115. Debt reorganization — Laws relating to particular county.
  1. All bonds issued under §§ 5-3-113 — 5-3-121 shall be issued according to any other public or private act relating to the absorbing county; provided, that those acts are not in conflict with §§ 5-3-113 — 5-3-121.
History (3)
  • Acts 1939, ch. 225, § 3
  • C. Supp. 1950, § 136.12 (Williams, § 136.14)
  • T.C.A. (orig. ed.), § 5-315.
§ 5-3-116. Debt reorganization — Bond interest and maturity.
  1. According to the debt reorganization plan, approved by the state consolidation committee, the governing body shall by resolution determine the rate or rates of interest to be paid on the bonds, not exceeding six percent (6%) per annum, and the time or times of payment of such interest, and the maturity or maturities of the bonds, which shall be at a time or times not exceeding twenty (20) years from the date of the bonds, in the case of funding bonds, and not exceeding thirty (30) years from the date of the bonds, in the case of refunding bonds; provided, that with the approval of the state consolidation committee, funding bonds may be made to mature at any time or times not exceeding thirty (30) years from the date of the bonds, and refunding bonds may be made to mature at any time or times not exceeding forty (40) years from the date of the bonds.
History (3)
  • Acts 1939, ch. 225, § 4
  • C. Supp. 1950, § 136.13 (Williams, § 136.15)
  • T.C.A. (orig. ed.), § 5-316.
§ 5-3-117. Debt reorganization — Bond format and additional terms.
  1. (a) The governing body shall also by resolution determine the form of the bonds, the officers by whom they shall be executed and the place or places in Tennessee or in any other state at which the principal and interest shall be payable. In case any of the officers whose signatures or facsimile signatures appear on the bonds or coupons shall cease to be such officers before the delivery of such bonds, such signatures or facsimile signatures shall nevertheless be valid and sufficient for all purposes, the same as if they had remained in office until such delivery.
  2. (b) The bonds may be made registrable as to principal alone, or as to both principal and interest, under such terms and conditions as may be determined by the governing body, and provisions may be made for the exchange of fully registered bonds for coupon bonds and of coupon bonds for fully registered bonds.
History (3)
  • Acts 1939, ch. 225, § 4
  • C. Supp. 1950, § 136.13 (Williams, § 136.15)
  • T.C.A. (orig. ed.), § 5-317.
§ 5-3-118. Debt reorganization — Terms of bond sale or exchange.
  1. (a) The governing body may sell any or all of the bonds authorized under §§ 5-3-113 — 5-3-121 in such manner and for such price as it may determine to be for the best interests of the unit, but no such sale shall be made at a price so low as to require the payment of interest on the money received therefor at more than six percent (6%) per annum, computed with relation to the absolute maturity or the average maturity of the bonds, in accordance with standard tables of bond values.
  2. (b) Any or all of the bonds authorized under §§ 5-3-113 — 5-3-121 may be exchanged for the bonds to be refunded thereby, or the evidences of indebtedness to be funded thereby, including bonds not matured or redeemable, if the holders thereof be willing to surrender the same for retirement.
History (3)
  • Acts 1939, ch. 225, § 5
  • C. Supp. 1950, § 136.14 (Williams, § 136.16)
  • T.C.A. (orig. ed.), § 5-318.
§ 5-3-119. Debt reorganization — Bond retirement — Sinking fund.
  1. (a) All bonds issued under §§ 5-3-113 — 5-3-121 shall be direct and general obligations of the unit issuing the same, for the payment of which the full faith and credit of the unit shall be irrevocably pledged.
  2. (b)
    1. (1) In each fiscal year while any funding or refunding bonds issued under §§ 5-3-113 — 5-3-121, shall be outstanding, there shall be levied upon all taxable property in the unit an ad valorem tax sufficient to pay the interest on the bonds as it falls due and the principal of such bonds that shall then have matured or that shall mature within the same fiscal year, and any sinking fund payments that may be provided for by the bonds or by the resolution authorizing the same, as well as all deficits in such interest, principal and sinking fund payments arising by failure to comply with §§ 5-3-113 — 5-3-121 or by failure to collect the taxes levied or otherwise; provided, that the governing body, in its discretion, may levy in any fiscal year a tax sufficient to pay, in addition to the interest and principal that shall fall due in such fiscal year, any portion of the interest or principal that shall fall due in any succeeding fiscal year, and may also levy in any fiscal year a tax for sinking fund payments, in addition to the tax required for such payments by the resolution authorizing any of such bonds.
    2. (2) The governing body may provide in the resolution authorizing the issuance of any such funding or refunding bonds, that any sinking fund provided for such bonds shall be used solely for the purchase or redemption of the bonds authorized by such resolution, and all bonds so purchased or redeemed shall be cancelled and shall not be reissued.
History (3)
  • Acts 1939, ch. 225, § 6
  • C. Supp. 1950, § 136.15 (Williams, § 136.17)
  • T.C.A. (orig. ed.), § 5-319.
§ 5-3-120. Debt reorganization — Bonds tax exempt.
  1. No bonds issued under the authority of §§ 5-3-113 — 5-3-121 shall be subject to taxation by this state or by any county or municipality thereof, and such bonds shall so state on the face thereof.
History (3)
  • Acts 1939, ch. 225, § 7
  • C. Supp. 1950, § 136.16 (Williams, § 136.18)
  • T.C.A. (orig. ed.), § 5-320.
§ 5-3-121. Debt reorganization — Payment of unfunded debt.
  1. (a) Any floating indebtedness or bonded indebtedness of an absorbed county, not funded or refunded under §§ 5-3-113 — 5-3-121, shall be paid out of a tax levied against the property of the absorbed county.
  2. (b) This tax levy shall be such proportion of the tax levy, levied by the absorbed county for bonds and interest during the past fiscal year, as the outstanding bonds of the absorbed county bears to the outstanding bonds of the absorbed county prior to consolidation.
Backlinks (9)
History (3)
  • Acts 1939, ch. 225, § 8
  • C. Supp. 1950, § 136.17 (Williams, § 136.19)
  • T.C.A. (orig. ed.), § 5-321.
§ 5-3-122. State consolidation grants — Funding.
  1. (a) The state funding board is authorized to issue at one (1) time or from time to time bonds of the state in an amount not to exceed one million dollars ($1,000,000).
  2. (b) These bonds shall be issued under the authority of title 9, chapter 9, according to the conditions and limitations set forth in former § 9-9-208 [repealed].
  3. (c) All bonds issued under the authority of §§ 5-3-122 — 5-3-125 shall be issued by the state funding board upon request of the state consolidation committee.
  4. (d) These bonds, after issuance, shall constitute general obligations of the state for the payment of which its full faith and credit are hereby pledged and shall be further secured by the pledges of special revenue as provided for in title 9, chapter 9.
  5. (e) Any and all bonds that may be sold by the state funding board pursuant to §§ 5-3-122 — 5-3-125 shall be sold in the same manner and subject to the same conditions as prescribed by former § 9-9-208 [repealed].
Backlinks (3)
History (3)
  • Acts 1939, ch. 226, § 1
  • C. Supp. 1950, § 136.18 (Williams, § 136.21)
  • T.C.A. (orig. ed.), § 5-322.
§ 5-3-123. State consolidation grants — Issuance.
  1. (a) The proceeds derived from the sale of bonds issued under the authority of §§ 5-3-122 — 5-3-125 shall be deposited in a special fund to be used by the state consolidation committee for use as described in subsection (b).
  2. (b)
    1. (1) Within sixty (60) days after an entire county has consolidated with any other county, according to law, the state consolidation committee shall make a grant out of the proceeds of state bonds as described in subsection (a), to both the absorbed county and the absorbing county.
    2. (2) This grant shall be made, not to exceed fifty thousand dollars ($50,000) each, both to the absorbing county and absorbed county.
    3. (3) In the event that a portion of any county is absorbed by another county, the state consolidation committee shall make a grant, which shall be computed as follows: The amount of money to be granted for the portion of the absorbed county shall be that proportion of fifty thousand dollars ($50,000) that the amount of the assessed valuation being absorbed bears to the total taxable valuation of the whole county, a portion of which is being absorbed.
    4. (4) In the event that only a portion of a county is absorbed by another county, the state consolidation committee shall grant as much money to the absorbing county as is granted to the absorbed county.
History (3)
  • Acts 1939, ch. 226, § 2
  • C. Supp. 1950, § 136.19 (Williams, § 136.22)
  • T.C.A. (orig. ed.), § 5-323.
§ 5-3-124. State consolidation grants — Use and purpose.
  1. Any money granted by the state consolidation committee to any county or counties shall be used by the counties in the payment of the outstanding indebtedness of the county receiving the grant, and this grant shall have as its purpose the equalization of the burden of bonded indebtedness between the counties being absorbed and absorbing.
History (3)
  • Acts 1939, ch. 226, § 3
  • C. Supp. 1950, § 136.20 (Williams, § 136.23)
  • T.C.A. (orig. ed.), § 5-324.
§ 5-3-125. State consolidation grants — Reimbursement.
  1. (a) All state moneys now being distributed to both the absorbed and absorbing county or counties shall continue to be distributed to the absorbing county or counties after consolidation on a pro rata basis according to the plan of consolidation approved by the state consolidation committee, and it shall be the duty of the committee to see that sufficient moneys are retained monthly by the state out from the proceeds of the gas tax being distributed to the counties receiving any grants as described in this chapter, so as to permit the state to be reimbursed the principal amount of the grant made to the counties over a period of twenty (20) years.
  2. (b) All money withheld by the state consolidation committee, from the proceeds of the gas tax being distributed to the counties, shall be deposited with the state funding board to be used for the payment of principal and interest on the state's bonded indebtedness.
Backlinks (3)
History (3)
  • Acts 1939, ch. 226, § 4
  • C. Supp. 1950, § 136.21 (Williams, § 136.24)
  • T.C.A. (orig. ed.), § 5-325.
Chapter 4 Removal of County Seat
§ 5-4-101. Vote required for removal.
  1. Where an old county is reduced for the purpose of forming a new one, the seat of justice in the old county shall not be removed without the concurrence of two thirds (⅔) of both branches of the general assembly, nor shall the seat of justice of any county be removed without the concurrence of two thirds (⅔) of the qualified voters of the county.
History (4)
  • Const. 1870, art. 10, § 4
  • Shan., § 112
  • Code 1932, § 131
  • T.C.A. (orig. ed.), § 5-401.
§ 5-4-102. Order of election.
  1. The county legislative body may at any regular meeting, a majority of the members concurring, order an election to ascertain if the people desire the county seat to be removed.
History (5)
  • Acts 1881, ch. 98, §§ 1, 2
  • Shan., § 114
  • mod. Code 1932, § 132
  • impl. am. Acts 1978, ch. 934, §§ 7, 12, 36
  • T.C.A. (orig. ed.), § 5-402.
§ 5-4-103. Balloting procedure.
  1. Each voter shall put on such voter's ballot the name of the place to which such voter desires the county seat removed or mark the words “no removal.”
History (6)
  • Acts 1873, ch. 103, § 5
  • impl. am. Acts 1907, ch. 436
  • Shan., § 117
  • Code 1932, § 135
  • Acts 1972, ch. 740, § 4(3)
  • T.C.A. (orig. ed.), § 5-405.
§ 5-4-104. Counting of votes — Removal.
  1. (a) The county election commission shall make its return to the county mayor, and at the next regular meeting of the county legislative body after the election, the vote shall be counted and the result declared.
  2. (b) If the proposition to remove the county seat received the requisite number of votes, then the county legislative body shall proceed to make all necessary provisions for the removal.
History (8)
  • Acts 1873, ch. 103, § 7
  • impl. am. Acts 1907, ch. 436
  • Shan., § 118
  • Code 1932, § 136
  • impl. am. Acts 1972, ch. 740, § 7
  • impl. am. Acts 1978, ch. 934, §§ 7, 12, 16, 36
  • T.C.A. (orig. ed.), § 5-406
  • Acts 2003, ch. 90, § 2.
§ 5-4-105. Sale of old courthouse.
  1. When a county seat is removed, the members of the county legislative body shall order a sale of the old courthouse and ground belonging to it, upon such terms as they think most for the interest of the county, and shall apply the proceeds of the sale to the payment for a new courthouse.
History (5)
  • Code 1858, § 418 (deriv. Acts 1837-1838, ch. 11, § 2)
  • Shan., § 510
  • Code 1932, § 762
  • impl. am. Acts 1978, ch. 934, §§ 7, 36
  • T.C.A. (orig. ed.), § 5-407.
Chapter 5 County Legislative Bodies
Part 1 Substantive Provisions
§ 5-5-101. Basic legislative unit — Name changes.
  1. (a) 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. (b) 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. (c) 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. (d) 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.
History (11)
  • 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.
§ 5-5-102. Membership.
  1. (a)
    1. (1) The county legislative body shall be composed of not less than nine (9) nor more than twenty-five (25) members.
    2. (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. (b)
    1. (1) Members shall reside within and be qualified voters of the districts that they represent.
    2. (2) To qualify for the office of county legislative body, a candidate must also be a resident of the county for one (1) year prior to the date of the qualifying deadline.
  3. (c)
    1. (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.
      Backlinks (1)
    2. (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.
      Backlinks (1)
    3. (3)
      1. (A) Upon approval under subdivision (c)(3)(C), a member of a county governing body shall not simultaneously serve as a member of the governing body of a municipality within the county for whom the member is a commissioner during the member's term of office.
      2. (B) Notwithstanding subdivision (c)(3)(A), a member of a county governing body simultaneously serving on the governing body of a municipality on April 22, 2024, may serve out the remainder of the member's terms of office.
      3. (C) This subdivision (c)(3) applies to each county with a population of more than two hundred thousand (200,000), according to the 2020 or a subsequent federal census, and that approves this subdivision (c)(3) by a two-thirds (⅔) vote of the entire county governing body.
      4. (D) As used in this subdivision (c)(3), “municipality” means an incorporated city or town.
  4. (d) No more than three (3) members shall be elected from any one (1) district.
  5. (e)
    1. (1) Members shall serve terms of four (4) years or until their successors are elected and qualified.
    2. (2) Members of the county legislative body shall be elected in the regular August election in 1978 and every four (4) years thereafter.
  6. (f) The members of the county legislative body shall be known individually as county commissioners and collectively as the board of county commissioners.
  7. (g) The term of office for members of the county legislative body shall begin on September 1 next succeeding their election.
  8. (h)
    1. (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. (2) No candidate shall qualify for more than one (1) such separately designated office within a multi-member district.
    3. (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. (i) 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).
History (17)
  • 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
  • 2022, ch. 809, § 1
  • 2024, ch. 763, § 1.
§ 5-5-103. Officers.
  1. (a) 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. (b)
    1. (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. (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. (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. (4) This subsection (b) does not apply to:
      1. (A) Counties with a population between two hundred fifty thousand (250,000) and three hundred thousand (300,000);
      2. (B) 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. (C) Counties with a population in excess of six hundred thousand (600,000) by the 1970 federal census.
  3. (c) The chair of the legislative body shall preside over the sessions of the legislative body.
  4. (d) 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. (e) 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. (f) 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. (g) 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.
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  8. (h) 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. (i)
    1. (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. (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.
Backlinks (1)
History (7)
  • 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.
§ 5-5-104. Regular meetings.
  1. (a) Regular meetings of each county legislative body shall be held at the time, day and place set by resolution of each legislative body.
  2. (b) There shall be at least four (4) regular meetings of the county legislative body each year.
  3. (c) 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. (d) No business shall be transacted, or any appointment made, or nominations confirmed, except in public session.
  5. (e) 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.
History (10)
  • 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.
§ 5-5-105. Special meetings.
  1. (a)
    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. (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. (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. (4) This subsection (a) shall not apply to counties of Class 1 as established by § 8-24-101.
  2. (b)
    1. (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 (⅔) vote of the county legislative body.
    2. (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. (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. (c)
    1. (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. (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.
  4. (d) If notice of a special meeting under subsection (c) cannot be obtained in a manner timely enough to conduct the necessary business of the special meeting, the county legislative body shall provide notice to the public by:
    1. (1) Posting the notice in a location where a member of the community may become aware of such notice and on a website maintained by the county if the county has a website;
    2. (2) Including in the contents of the notice a reasonable description of the purpose of the meeting or action to be taken; and
    3. (3) Posting the notice at a time sufficiently in advance of the special meeting in order to give citizens an opportunity to become aware of and attend the meeting, but at least five (5) days before the county legislative body convenes for the special meeting.
Backlinks (1)
History (12)
  • 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
  • 2022, ch. 830, § 1.
§ 5-5-106. Attendance at meetings.
  1. 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.
History (5)
  • 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. (a) 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. (b)
    1. (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:
      1. Counties of the third class $35/day
      2. Counties of the fourth class $30/day
      3. Counties of the fifth class $25/day
      4. Counties of the sixth class $20/day
      5. Counties of the seventh class $20/day
      6. Counties of the eighth class $20/day
    2. (2) Upon adoption of a resolution by a two-thirds (⅔) 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. (c) A county may adopt a resolution to pay members of the legislative body:
    1. (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. (2) A base salary; or
    3. (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. (d) 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. (e) 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.
History (10)
  • 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.
§ 5-5-108. Quorum.
  1. 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.
History (7)
  • 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.
§ 5-5-109. Voting.
  1. (a) A majority of all the members constituting the county legislative body, and not merely a majority of the quorum, shall be required to:
    1. (1) Elect county officials required by law to be elected by the body;
    2. (2) Fix salaries;
    3. (3) Appropriate money; and
    4. (4) Transact all other business coming before the county legislative body in regular or special sessions.
  2. (b)
    1. (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. (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.
History (12)
  • 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.
§ 5-5-110. Business presented by chair.
  1. (a) 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. (b) 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.
History (5)
  • 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.
§ 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. (a)
    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. (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. (b) 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. (c) 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. (d) 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. (e) 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. (f) 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. (g) 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. (h)
    1. (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. (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.
History (9)
  • 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.
§ 5-5-112. Voting prohibited if conflict of interest — Opting out of section by resolution.
  1. (a)
    1. (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.
    2. (2) Each vote taken by a legislative body of a county that has the effect of increasing the pay or benefits of county employees must be by recorded electronic vote or by roll call vote.
    3. (3) The vote of any member having a conflict of interest is void if successfully challenged pursuant to subdivision (a)(4).
    4. (4) After each vote is taken that could involve a conflict of interest under subdivision (a)(1) and prior to the vote being announced by the chair, the chair shall ask the members of the legislative body if a member of the legislative body voted in violation of subdivision (a)(1). If the chair finds that a member voted in violation of subdivision (a)(1), the chair shall declare that member's vote void.
  2. (b)
    1. (1) 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.
    2. (2) If a member of a county governing body who is voting on a proposed budget, appropriation resolution, or tax rate resolution, or amendments thereto, has a conflict of interest under subsection (a) or another existing conflict of interest, then the member must declare the conflict of interest at the meeting prior to casting the member's vote.
  3. (c) 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. (d) 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. (e) The legislative body of any metropolitan form of government or charter form of government may opt out of this section by resolution.
History (3)
  • Acts 2016, ch. 1072, § 2
  • 2022, ch. 656, § 1
  • 2024, ch. 798, § 1.
§ 5-5-113. Required orientation and continuing education training for members of county legislative bodies.
  1. (a) Each member of a county legislative body shall:
    1. (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. (2) Annually, complete at least eight (8) hours of continuing education training at conferences or meetings provided or approved by CTAS. The period for compliance under this subdivision (a)(2) begins on September 1, 2024. This subdivision (a)(2) does not apply to:
      1. (A) A person appointed to fill a vacancy on a county legislative body until September 1 after the person's appointment;
      2. (B) An incumbent in office prior to 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. (C) Any commissioner after eight (8) years of service.
  2. (b) CTAS may provide the training required under subsection (a) in person or by any other means available.
  3. (c) 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).
  4. (d) A county may, and is encouraged to, pay a supplement of six hundred dollars ($600), in addition to the commissioner's regular salary, to a commissioner for such county who successfully completes in each year the continuing education training required by subdivision (a)(2).
History (2)
  • Acts 2018, ch. 718, § 1
  • 2024, ch. 997, § 1.
§ 5-5-114. Resolution or ordinance prohibiting or restricting display of flag prohibited — Resolution or ordinance regulating manner or placement of flag.
  1. (a) 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. (b) 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.
History (1)
  • Acts 2018, ch. 857, § 1.
§ 5-5-118. Powers and duties — Voting railroad stock.
  1. 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.
History (5)
  • 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.
  1. 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.
History (6)
  • 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.
§ 5-5-120. Powers and duties — Commissioners for local improvements.
  1. 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.
History (6)
  • 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.
§ 5-5-121. Powers and duties — Control of public buildings.
  1. The county legislative bodies have power to erect or control, and dispose of public county buildings, as provided in chapter 7 of this title.
History (5)
  • Code 1858, § 4214
  • Shan., § 6044
  • Code 1932, § 10241
  • Acts 1978, ch. 934, § 15
  • T.C.A. (orig. ed.), § 5-523.
§ 5-5-122. Powers and duties — Tax levy for public buildings.
  1. 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.
History (5)
  • 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.
§ 5-5-123. Powers and duties — Time for county tax levy.
  1. 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.
History (6)
  • 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.
§ 5-5-124. Powers and duties — Correction of tax errors.
  1. The county legislative bodies may release from double taxes, when they have been incurred, and correct errors in the tax list.
History (5)
  • 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.
  1. 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.
History (6)
  • 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.
  1. 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.
History (2)
  • Acts 1979, ch. 71, § 1
  • T.C.A., § 5-528.
§ 5-5-127. Powers and duties — Alcoholic beverages in parks, etc.
  1. (a) 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. (b) 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).
History (1)
  • Acts 1984, ch. 976, § 1.
Part 2 Transitional Provisions
§ 5-5-202. County bonds.
  1. (a) It is the intent of the general assembly to preserve the rights and privileges of holders of outstanding county bonds and other indebtedness. The respective counties shall continue to be liable upon all outstanding bonds and other indebtedness for which they were liable prior to May 11, 1978, and nothing in this chapter and chapters 1 and 6 of this title shall be construed to abolish, limit or abrogate any rights or privileges heretofore existing in any holders of such outstanding bonds or indebtedness.
  2. (b) With respect to county bonds and other indebtedness, the county mayor established by this chapter and chapters 1 and 6 of this title shall succeed to all rights and duties heretofore existing as to any officers whose functions are assumed in whole or part by the county mayor pursuant to this chapter and chapters 1 and 6 of this title. Likewise with respect to county bonds and other indebtedness, the county legislative body established by this chapter and chapters 1 and 6 of this title shall succeed to all rights and duties heretofore existing as to any entities whose functions are assumed in whole or part by the county legislative body pursuant to this chapter and chapters 1 and 6 of this title.
History (3)
  • Acts 1978, ch. 934, § 34
  • T.C.A., § 5-552
  • Acts 2003, ch. 90, § 2.
§ 5-5-203. Effect on private and other acts.
  1. (a) Any law, private act or general act of local application in conflict with any provision of this chapter and chapters 1 and 6 of this title is hereby repealed.
  2. (b) Any law, private act or general law of local application not in conflict with this chapter and chapters 1 and 6 of this title shall remain in full force and effect; provided, that any conflict shall be construed in favor of implementing this chapter and chapters 1 and 6 of this title and repealing the conflicting law.
  3. (c) Nothing in this chapter and chapters 1 and 6 of this title shall be construed as affecting the operation or existence of boards, commissions, committees or other agencies of local government except as necessary to avoid conflict with express provisions hereof.
History (2)
  • Acts 1978, ch. 934, §§ 40, 41
  • T.C.A., § 5-553.
Chapter 6 County Mayors
Part 1 Substantive Provisions
§ 5-6-101. County mayor — Term — Title.
  1. (a) 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. (b) The term of office for a county mayor shall begin on September 1 next succeeding the county mayor's election.
  3. (c) 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. (d)
    1. (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. (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. (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.
History (14)
  • 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.
§ 5-6-102. Election.
  1. Election of the county mayor shall be in accordance with the following provisions:
    1. (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.
      Backlinks (1)
    2. (2) In all other counties, the county mayor shall be elected in the regular August election in 1978 and every four (4) years thereafter.
Backlinks (1)
History (11)
  • 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.
§ 5-6-104. Qualifications.
  1. (a) The county mayor shall be:
    1. (1) A qualified voter of the county;
    2. (2) At least twenty-five (25) years of age; and
    3. (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. (b) 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.
History (3)
  • Acts 1978, ch. 934, § 17
  • T.C.A., § 5-604
  • Acts 2003, ch. 90, § 2.
§ 5-6-105. Compensation.
  1. (a) 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. (b)
    1. (1) The county mayor shall receive for the county mayor's services such compensation as established in § 8-24-102.
    2. (2) Such minimum salary shall apply to a county mayor who devotes full time to such office.
    3. (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.
History (7)
  • 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.
§ 5-6-106. Powers and duties — Generally — Ex officio memberships — Appointments.
  1. (a) 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. (b)
    1. (1)
      1. (A) 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. (B) Notwithstanding subdivision (b)(1)(A), the county mayor is not a member of the county legislative body for purposes of title 8, chapter 44, part 1.
        Backlinks (1)
    2. (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. (c) 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.
    Backlinks (1)
History (6)
  • Acts 1978, ch. 934, § 17
  • 1979, ch. 80, § 1
  • T.C.A., § 5-606
  • Acts 1985, ch. 145, § 1
  • 2003, ch. 90, § 2
  • 2024, ch. 580, § 1.
§ 5-6-107. Powers and duties — Action on legislation.
  1. (a)
    1. (1) The county mayor has the power of veto with respect to resolutions of the county legislative body.
    2. (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. (b)
    1. (1) Every resolution shall be submitted to the county mayor.
    2. (2) If the county mayor signs it, the resolution shall become effective immediately or at a later date if the resolution so provides.
    3. (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. (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. (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. (c) 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. (d)
    1. (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. (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. (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. (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.
Backlinks (1)
History (5)
  • Acts 1978, ch. 934, § 18
  • 1979, ch. 53, § 2
  • T.C.A., § 5-607
  • Acts 1988, ch. 981, § 1
  • 2003, ch. 90, § 2.
§ 5-6-108. Powers and duties — County property and accounts.
  1. 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. (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. (2) Appoint an agent or attorney to take care of such property, and fix such agent's or attorney's compensation;
    3. (3) Control all books, papers and instruments pertaining to the county mayor's office;
    4. (4) Audit all claims for money against the county;
    5. (5) Draw, without seal, all warrants upon the county treasury;
    6. (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. (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. (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. (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. (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.
Backlinks (1)
History (10)
  • 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.
§ 5-6-109. Powers and duties — Bond.
  1. All county mayors shall, before entering upon the discharge of their duties, enter into an official bond prepared, executed, filed, and recorded in accordance with title 8, chapter 19, 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.
Backlinks (1)
History (11)
  • 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
  • 2023, ch. 207, § 1.
§ 5-6-110. Powers and duties — Duties as financial officer.
  1. It is the duty of the county mayor to:
    1. (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. (2) Reduce to writing the testimony of any witness examined by the county mayor touching any settlement, and file the same therewith;
    3. (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. (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. (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.
History (12)
  • 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.
§ 5-6-112. Powers and duties — Powers as financial officer.
  1. The county mayor has the power to:
    1. (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. (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. (3) Call or summon before the county mayor all witnesses having any knowledge relating to the county revenue;
    4. (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. (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. (6) Call the county trustee to a settlement when required by law, or by the county legislative body;
    7. (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. (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. (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.
Backlinks (1)
History (10)
  • 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.
§ 5-6-114. Powers and duties — Acting for clerk.
  1. 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.
History (7)
  • 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.
§ 5-6-115. Incompetency of clerk — Additional provisions.
  1. 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.
History (5)
  • 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.
§ 5-6-116. Clerical assistants.
  1. 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.
History (7)
  • 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.
§ 5-6-119. Energy siting agreements.
  1. (a) As used in this section, unless the context otherwise requires:
    1. (1) “County” means a county or metropolitan form of government, including any consolidated government established pursuant to the power granted by the Constitution of Tennessee, Article XI, §  9;
    2. (2) “Energy project” means energy infrastructure improvements, whether composed of real or personal property, or both, for clean energy or renewable energy as those terms are defined in § 7-51-2401, including all sources listed in §§ 7-51-2403 and 7-51-2404; and
    3. (3) “Energy siting agreement” means a voluntary agreement by and between a county and a developer of energy infrastructure improvements approving the siting in the county of one (1) or more energy projects upon a finding that such an agreement is in the best interest of the county.
  2. (b) A county mayor may negotiate an energy siting agreement with a developer of an energy project, which agreement takes effect upon approval of the county legislative body by resolution and execution by the developer of the energy project.
  3. (c) An energy siting agreement must specify the following:
    1. (1) The duration of the energy siting agreement;
    2. (2) The proposed tract or tracts of land on which the energy project is proposed to be located;
    3. (3) A description of the proposed energy project together with the nature of any allowable modifications to the described or depicted design of the energy project; and
    4. (4) Any additional terms determined to be necessary by the county and the developer.
  4. (d) An energy siting agreement may include reductions in setbacks, vegetative buffers, or other visual screening or fencing requirements that would otherwise be imposed on the energy project under existing applicable county ordinances or resolutions based upon site-specific conditions or a written waiver of such requirements by a landowner or landowners of property adjoining the affected tract of land where the energy project is proposed to be located.
  5. (e) Because the characteristics of energy projects may be consistent with agricultural uses, an energy siting agreement may authorize the siting of an energy project in a zoning district intended to be used primarily for agricultural or similar uses or in other rural areas upon a finding by the legislative body of the county that the proposed energy project is consistent with present or future agricultural uses in the surrounding area.
  6. (f) Modifications of design standards or conditions included in an energy siting agreement are binding during the vested period on all county agencies, boards, and commissions with the power to recommend, approve, or disapprove applications for a special exception, use permitted on appeal, conditional use permit, site plan, building permit, or another similar permit or approval required to site, construct, or operate an energy project in the county.
  7. (g) This section does not authorize a county to take any action that would constitute a de facto prohibition, as that term is used in § 7-51-2202, of any form of energy project based solely on the failure of an energy project to be the subject of an energy siting agreement.
  8. (h) Except to the extent expressly authorized in this section or another law, an energy siting agreement does not relieve any public agency of actual and timely performance of any obligation or responsibility imposed upon it by law.
Backlinks (2)
History (1)
  • Acts 2024, ch. 814, § 9.
§ 5-6-120. Transfer of duties to water and wastewater treatment authorities.
  1. (a)
    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. (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. (A) Is served by a water and wastewater treatment authority that does not provide water service;
      2. (B) Has its water provided by more than five (5) utility districts; and
      3. (C) Has, under state law, had its county mayor hear petitions of utility districts.
  2. (b) 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.
  3. (c) Notwithstanding a county water and wastewater system treatment authority's exclusive right to furnish services in the service area that it so designates as described in subsection (a), a county water and wastewater system treatment authority may enter into an agreement with a municipal water system, a water utility district, an investor-owned water utility, a county water system, or a county water authority to permit that other entity to operate within its service area. A county water and wastewater system treatment authority shall establish a method by which the authority's ratepayers may petition the authority to consider entering into an agreement pursuant to this subsection (c).
History (6)
  • Acts 1988, ch. 981, § 2
  • 1989, ch. 580, § 1
  • 1995, ch. 77, § 1
  • 2003, ch. 90, § 2
  • 2018, ch. 811, § 1
  • 2022, ch. 889, § 5.
§ 5-6-121. County fire marshal — Appointment — Compensation — Qualifications.
  1. (a) 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. (b) The county fire marshal shall:
    1. (1) Have at least five (5) years of experience as a firefighter;
    2. (2) Have and maintain certification from the state fire marshal in accordance with § 68-120-113; and
    3. (3) Serve at the pleasure of the county mayor.
History (1)
  • Acts 2008, ch. 843, § 1.
Part 2 Transitional Provisions
§ 5-6-205. Effect on private and other acts.
  1. (a) Any law, private act or general act of local application in conflict with this chapter and chapters 1 and 5 of this title is hereby repealed.
  2. (b) Any law, private act or general law of local application not in conflict with this chapter and chapters 1 and 5 of this title shall remain in full force and effect; provided, that any conflict shall be construed in favor of implementing this chapter and chapters 1 and 5 of this title and repealing the conflicting law.
  3. (c) Nothing in this chapter and chapters 1 and 5 of this title shall be construed as affecting the operation or existence of boards, commissions, committees or other agencies of local government except as necessary to avoid conflict with express provisions hereof.
History (2)
  • Acts 1978, ch. 934, §§ 40, 41
  • T.C.A., § 5-655.
Chapter 7 County Buildings and Property
§ 5-7-101. County powers generally.
  1. Each county may acquire and hold property for county purposes, and make all contracts necessary or expedient for the management, control and improvement thereof, and for the better exercise of its civil and political powers, and may make any order for the disposition of its property.
History (4)
  • Code 1858, § 404
  • Shan., § 496
  • mod. Code 1932, § 742
  • T.C.A. (orig. ed.), § 5-701.
§ 5-7-102. Grants for use of county.
  1. All deeds, conveyances or grants that have been, or may be, made to any officer or person for the use or benefit of the county, vest in such county the title as fully as if made to such county by name, but such conveyances hereafter shall be made to the county.
History (4)
  • Code 1858, § 407 (deriv. Acts 1835-1836, ch. 34, § 5)
  • Shan., § 499
  • Code 1932, § 745
  • T.C.A. (orig. ed.), § 5-702.
§ 5-7-103. Sites for offices.
  1. The county legislative body of every county, a majority of the members being present and voting for it, may purchase and hold suitable sites for offices of the county clerks, and such other county offices as may be deemed expedient by the legislative body.
History (5)
  • Code 1858, § 409 (deriv. Acts 1839-1840, ch. 3, § 1)
  • Shan., § 501
  • Code 1932, § 753
  • impl. am. Acts 1978, ch. 934, §§ 7, 22, 36
  • T.C.A. (orig. ed.), § 5-703.
§ 5-7-104. Required structures.
  1. It is the duty of the county legislative body to erect a courthouse, jail, and other necessary county buildings.
History (5)
  • Code 1858, § 408
  • Shan., § 500
  • Code 1932, § 752
  • impl. am. Acts 1978, ch. 934, § 7, 36
  • T.C.A. (orig. ed.), § 5-704.
§ 5-7-105. Location of county buildings and courthouse, jail, workhouse and county highway department garage — Interlocal agreements.
  1. (a) The courthouse and all county buildings provided by the county for the county officers shall be erected within the limits of the county town; provided, that the jail and county highway department garage may be erected outside the limits of the county town but within the boundaries of the county; and provided further, that if two (2) or more counties enter into an interlocal agreement providing for a jail or workhouse to serve the counties that are parties to the agreement, then a county that is a party to such an agreement shall not be required to have a jail or workhouse located within the boundaries of the county, but any jail or workhouse serving more than one (1) county shall be located within the boundaries of one (1) of the counties that is a party to the agreement.
  2. (b) Nothing in this section shall be construed as preventing or prohibiting a county that has constructed a criminal justice building or facility, or that uses a building or facility, that is not located within the limits of the county seat, from holding criminal court in that building or facility; provided, that it is located within the limits of the county. If the building or facility is used to hold criminal court, a defendant may be indicted, prosecuted, tried and convicted in that building or facility as if done at the courthouse.
History (12)
  • Code 1858, § 410
  • Shan., § 502
  • Code 1932, § 754
  • Acts 1975, ch. 10, § 1
  • T.C.A. (orig. ed.), § 5-705
  • Acts 1980, ch. 853, § 1
  • 1982, ch. 782, § 1
  • 1990, ch. 955, § 1
  • 1992, ch. 847, § 1
  • 1995, ch. 254, §§ 1, 2
  • 1999, ch. 190, § 1
  • 2006, ch. 630, § 1.
§ 5-7-106. Construction and maintenance costs — Tax levy.
  1. The county buildings are to be erected and kept in order and repair at the expense of the county, under the direction of the county legislative body, and it may levy a special tax for this purpose.
History (5)
  • Code 1858, § 411
  • Shan., § 503
  • Code 1932, § 755
  • impl. am. Acts 1978, ch. 934, §§ 7, 36
  • T.C.A. (orig. ed.), § 5-706.
§ 5-7-107. Employment of superintendent.
  1. The county legislative body is authorized, but not required, to employ a competent person to superintend the construction and repair of such county buildings, bridges, levees, etc., as may be necessary; the superintendent to be paid such salary as may be agreed upon, out of the county treasury, but no contract to continue longer than twelve (12) months.
History (5)
  • Acts 1877, ch. 105, § 1
  • Shan., § 6048
  • Code 1932, § 10253
  • impl. am. Acts 1978, ch. 934, §§ 7, 36
  • T.C.A. (orig. ed.), § 5-707.
§ 5-7-108. Courthouse — Sheriff's power and duties.
  1. (a)
    1. (1) The sheriff has charge of the courthouse, unless some other person is specially appointed by the county legislative body for that purpose, and shall prevent trespasses, exclude intruders, and keep it and the grounds attached thereto in order, reporting from time to time the repairs required, and the expense, to the county legislative body.
    2. (2) Beginning July 1, 2008, deputy sheriffs newly assigned to courts pursuant to §§ 8-8-201(a)(2)(A), 16-15-715, and 37-1-213 shall participate in forty (40) hours of basic training in courthouse security within twelve (12) months of assignment to that duty. Every year thereafter the deputies shall participate in a minimum of sixteen (16) hours of training specific to courthouse security that has been approved by the peace officers standards and training commission.
  2. (b) It is further the duty of the sheriff to see that the state and national flags as provided for in § 5-7-109 are properly displayed in each courtroom while such county legislative body is in session.
Backlinks (1)
History (7)
  • Code 1858, § 413
  • Shan., § 505
  • Code 1932, § 757
  • Acts 1961, ch. 244, § 1
  • impl. am. Acts 1978, ch. 934, §§ 7, 36
  • T.C.A. (orig. ed.), § 5-708
  • Acts 2008, ch. 1152, § 1.
§ 5-7-109. Flags.
  1. (a) Any county mayor of any county whose courthouse is equipped with a flag pole shall have the right to request and be furnished with a flag of the state of Tennessee, which flag shall be displayed by the county authority upon proper occasions.
  2. (b) Any county mayor desiring such state flag shall certify in such county mayor's official capacity that:
    1. (1) The courthouse of the county of which that person is county mayor is duly equipped with a flag pole suitable for displaying such state flag; and
    2. (2) If such state flag is furnished such county, the county authorities agree and obligate themselves to display the same upon all national and state holidays and other days set apart by law for patriotic purposes.
  3. (c) Such request shall be forwarded to the adjutant general of the state, who shall thereupon furnish the county with such state flag, to be approximately six feet (6′) in length and four feet (4′) in width, and from the funds appropriated for the adjutant general's department, the adjutant general is authorized to procure as many state flags as may be necessary; provided, that not more than one (1) such state flag shall be furnished to any county; provided further, that no county shall be entitled to receive a second flag where the one originally furnished it has been destroyed by the elements or other casualties.
  4. (d) It is the duty of the county mayor of each and every county obtaining a state flag under this section to see that the same is displayed upon all legal holidays, either state or national, and upon all other days set apart for patriotic observance.
  5. (e) Every county shall provide a flag of the United States and a flag of the state of Tennessee to be displayed in the courtroom of every court of record of the county while such court is in session.
Backlinks (1)
History (6)
  • Acts 1937 (3rd Ex. Sess.), ch. 20, § 1
  • C. Supp. 1950, § 102.1 (Williams, § 771.1)
  • Acts 1961, ch. 244, § 2
  • impl. am. Acts 1978, ch. 934, §§ 16, 36
  • T.C.A. (orig. ed.), § 5-709
  • Acts 2003, ch. 90, § 2.
§ 5-7-110. Jail specifications.
  1. (a) The county jail shall be of sufficient size and strength to contain and keep securely the inmates confined therein, and shall contain at least two (2) apartments, one (1) for males and one (1) for females.
  2. (b) The county jail shall be properly heated and ventilated, and have sufficient sewerage to ensure the health and comfort of the inmates.
History (5)
  • Code 1858, § 412
  • Acts 1873, ch. 104, § 1
  • Shan., § 504
  • Code 1932, § 756
  • T.C.A. (orig. ed.), § 5-710.
§ 5-7-111. Replacement of courthouse or jail — Authorization.
  1. Whenever, in the opinion of a majority of the members of the county legislative body, two thirds (⅔) of them being present, the site of a jail or public prison, or courthouse, is unhealthy, insecure or inconvenient in its location to the county or to the town, or inhabitants of the town, in which it is situated, or the interest and convenience of the town would be promoted by the removal of any of the same, the members may order a sale of the site, and of the whole or part of the materials used in its construction; and they may also order that a more eligible, convenient, healthy or secure site be purchased, and cause to be erected thereon a new jail or courthouse, better suited to the convenience of the town, and to secure the safe custody, health and comfort of inmates.
History (6)
  • Code 1858, § 414 (deriv. Acts 1835-1836, ch. 34, § 1
  • 1837-1838, ch. 11, § 1)
  • Shan., § 506
  • Code 1932, § 758
  • impl. am. Acts 1978, ch. 934, §§ 7, 36
  • T.C.A. (orig. ed.), § 5-711.
§ 5-7-114. Replacement of courthouse or jail — Deed conveying old site.
  1. Any deed of conveyance of the old site of the prison or courthouse, made by the project superintendents, duly proved or acknowledged and registered, shall be effectual to vest a valid title in the purchaser.
History (5)
  • Code 1858, § 417 (deriv. Acts 1835-1836, ch. 34, § 4)
  • Shan., § 509
  • Code 1932, § 761
  • Acts 1979, ch. 12, § 2
  • T.C.A. (orig. ed.), § 5-714.
§ 5-7-115. Authority for county governments to display historic documents on public buildings and grounds.
  1. Each county is authorized to display, in county public buildings and on county public grounds, replicas of historical documents, including, but not limited to, the Ten Commandments, Magna Carta, Mayflower Compact, Declaration of Independence, United States Constitution, Bill of Rights, Constitution of Tennessee, and other such historically significant documents in the form of statues, monuments, memorials, tablets, or any other display that respects the dignity and solemnity of such documents.
History (1)
  • Acts 2012, ch. 686, § 1.
§ 5-7-116. Leasing.
  1. Each county may lease land or existing buildings owned by the county to any person, corporation, partnership or association for such consideration and upon such terms as in the judgment of the governing body are in the interest of the county.
History (1)
  • Acts 1983, ch. 233, § 1.
§ 5-7-117. County operating water utility system — Transfer of system to utility district — Procedure.
  1. (a) Notwithstanding any other law to the contrary, any county operating a water utility system pursuant to previous transfer or merger under the authority of title 7, chapter 82, or operating under private acts, or otherwise, may by resolution agree to transfer all or any part of such water system to a utility district having all or part of its official territory within the county, which utility district was either previously formed or formed for the purpose of receiving transfer of such system; provided, that the resolution must contain a provision requiring the protection of all rights of bondholders, and must specifically state all other conditions to the transfer that may be imposed by the county legislative body, and such resolution must be approved by a two-thirds (⅔) vote of such county legislative body.
  2. (b) Before voting to sell, transfer, convey or set over such system, the county legislative body shall cause notices to be mailed to all customers of such county water system or the part thereof intended to be transferred, and shall provide such customers an opportunity to testify in a public hearing, the date of which shall be fixed in such notice.
  3. (c) When all conditions of such resolution shall have been met, the county mayor and president of the utility district shall sign an addendum to the contract, identifying the county and the utility district resolutions of which the contract consists, certifying that all conditions therein have been met, and shall cause such addendum to be published in a newspaper of general circulation within the county at the expense of the utility district, upon which publication the transfer shall thereupon be consummated by operation of law without the need for the execution of any instruments of transfer.
Backlinks (1)
History (2)
  • Acts 1991, ch. 228, § 2
  • 2003, ch. 90, § 2.
§ 5-7-118. County security officers — Standards — Police powers.
  1. (a) The county mayor or the county mayor's designee is authorized to establish policies pursuant to which a suitable number of persons may be employed and commissioned as county security officers.
  2. (b) All security officers employed pursuant to this section must meet the minimum certification requirements of the peace officers standards and training commission.
  3. (c) The county mayor or the county mayor's designee is authorized to establish such other minimum qualifications for employment as security officers as deemed appropriate; however, the qualifications for security officers permitted to carry firearms or other arms while on duty shall be at least equivalent to the certification requirements of the peace officers standards and training commission.
  4. (d) When properly commissioned and qualified in accordance with the policies of the county mayor or the county mayor's designee, the security officers shall have all the police powers necessary to enforce all state laws and duly enacted county ordinances. The authority hereby granted extends to all facilities or property owned, leased or operated by the county.
  5. (e) This section only applies in any county having a population in excess of eight hundred thousand (800,000), according to the 1990 federal census or any subsequent federal census.
History (2)
  • Acts 1996, ch. 716, § 2
  • 2003, ch. 90, § 2.
§ 5-7-119. County authorized to dispose of real property at nominal cost to certain nonprofit corporations.
  1. Notwithstanding any rule, regulation or other law to the contrary, any county, upon two-thirds (⅔) vote of the county legislative body, may dispose of real property at a nominal cost by private negotiation and sale to a nonprofit corporation, incorporated under the laws of this state, that has received a determination of exemption from the internal revenue service pursuant to 26 U.S.C. § 501(c)(3), and whose purpose includes providing educational and vocational training services to children and adults with disabilities or whose purpose includes providing educational services to youth in areas, including health, science, agriculture, and civic engagement through in-school and after-school programs, and school and community clubs and camps.
History (2)
  • Acts 2014, ch. 635, § 1
  • 2020, ch. 721, § 1.
Chapter 8 Receipt and Management of Funds
Part 1 General Provisions
§ 5-8-101. Sources of county revenue — Gifts and donations.
  1. (a) 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. (b) 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.
History (7)
  • 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.
§ 5-8-102. Privilege tax — Motor vehicle tax.
  1. (a) 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. (b) 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. (c) Motor Vehicle Tax — Imposition.
    1. (1) No resolution authorizing such motor vehicle privilege tax shall take effect unless it is approved by a two-thirds (⅔) 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. (2)
      1. (A) 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. (B) 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. (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. (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. (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. (6) The qualifications of voters voting on the question shall be the same as those required for participation in general elections.
    7. (7) All laws applicable to general elections shall apply to the determination of the approval or rejection of this tax levy.
  4. (d) Motor Vehicle Tax — Requirements and Limitations.
    1. (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. (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. (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.
      Backlinks (2)
    4. (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. (5)
      1. (A) 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. (B) 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. (i) Exempt any owner of an antique motor vehicle who resides in the county from liability for the tax; or
        2. (ii) 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. (C) 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 (⅔) 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. (D)
        1. (i) 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. (ii) 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. (iii) 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. (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. (A) The veteran or service member has a service-connected disability as described in 38 U.S.C. § 3901;
      2. (B) 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. (C) The grant is used to provide or assist in providing the vehicle to the veteran or service member.
Backlinks (4)
History (18)
  • Acts 1915, ch. 101, § 2
  • Shan., § 1916a 1
  • 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.
§ 5-8-103. Exempt or taxable property, privileges.
  1. 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.
History (5)
  • Code 1858, § 483
  • Shan., § 645
  • Code 1932, § 1036
  • Acts 1979, ch. 23, § 6
  • T.C.A. (orig. ed.), § 5-803.
§ 5-8-104. Fines applied to county use.
  1. 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.
History (4)
  • Code 1858, § 486 (deriv. Acts 1835-1836, ch. 55, § 2)
  • Shan., § 646
  • Code 1932, § 1037
  • T.C.A. (orig. ed.), § 5-804.
§ 5-8-105. Fines adjudged by general sessions judges.
  1. 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.
History (5)
  • 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.
§ 5-8-106. Revenue docket.
  1. 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.
History (7)
  • 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.
§ 5-8-107. Use of revenue, generally.
  1. (a) 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. (b) This section shall not affect municipal revenues.
History (2)
  • Acts 1959, ch. 162, § 1
  • T.C.A., § 5-835.
§ 5-8-108. Authority to seek and use public funds.
  1. 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.
History (2)
  • Acts 1975, ch. 153, § 1
  • T.C.A., § 5-836.
Part 2 Bank Accounts
§ 5-8-201. Deposits authorized — Finance committee — Securing of funds.
  1. (a)
    1. (1) The county legislative body in regular session assembled, a quorum being present, is authorized to adopt a resolution to contract with a bank or banks making the highest and best bid or bids to pay interest on daily balances of the county's funds; and to appoint three (3) of its members, who, in conjunction with the county trustee and county mayor, shall constitute the county finance committee, with the county mayor as chair of the committee.
    2. (2) Before making any such contract, the trustee shall receive the bids from the banks and shall file an analysis of the bids that have been submitted with the county clerk who shall provide a copy of this report to each member of the county legislative body on or before the next meeting of the county legislative body. The analysis shall recommend the bank making the highest and best bid or bids to pay interest on daily balances of the county's funds, considering the lowest service charges, and considering other factors affecting safety and liquidity of county moneys.
  2. (b) Any county shall require any financial institution that becomes a depository of county funds to secure such funds as provided in a collateral pool created under title 9, chapter 4, part 5, or in the same manner and under the same conditions as state deposits under title 9, chapter 4, parts 1 and 4.
  3. (c) If the county finance committee does not have a contract with a bank or other financial institution, the county trustee may contract with a bank or banks or other financial institutions for deposit, safekeeping, and earning of interest on daily balances of the county's funds, according to the same terms as are required by this section for a county finance committee. Additionally, the county trustee is authorized to enter into such agreements with banks and other financial institutions as necessary for the maintenance of collateral to secure the daily balances of the county's funds on deposit with banks or other financial institutions.
  4. (d) Notwithstanding any general law or private act to the contrary, at least once every four (4) years and not less than once every term of office, the county trustee shall evaluate whether the contract entered into pursuant to this section should be rebid. The evaluation shall be based on obtaining proposals from at least two (2) banks or other financial institutions. The trustee shall prepare a written evaluation of the proposals and preserve the evaluation for a period of not less than three (3) years.
Backlinks (5)
History (12)
  • Acts 1909, ch. 305, § 1
  • Shan., § 647a1
  • Code 1932, § 1039
  • Acts 1977, ch. 435, § 1
  • impl. am. Acts 1978, ch. 934, §§ 7, 16, 36
  • impl. am. Acts 1978, ch. 934, § 12
  • T.C.A. (orig. ed.), § 5-810
  • Acts 1992, ch. 592, §§ 1-5
  • 1993, ch. 315, §§ 9, 15
  • 1994, ch. 752, § 1
  • 2003, ch. 90, § 2
  • 2008, ch. 899, § 1.
§ 5-8-202. Contracts — Execution and effect.
  1. The finance committee, to carry out the will of the county legislative body, shall be vested with full power to formulate, make and sign a contract upon the terms and conditions specified, which contract shall be approved by the county mayor, and attested by the county clerk, with the county seal attached, on the part of the county, and shall be binding on the county.
History (6)
  • Acts 1909, ch. 305, § 2
  • Shan., § 647a2
  • Code 1932, § 1040
  • impl. am. Acts 1978, ch. 934, §§ 7, 16, 22, 36
  • T.C.A. (orig. ed.), § 5-811
  • Acts 2003, ch. 90, § 2.
§ 5-8-203. Contracts — Notice to trustee.
  1. When the contract has been signed on the part of the county, and also signed by the proper officers, on the part of the bank or banks under the seal thereof, and a good and sufficient bond has been executed by the bank or banks, for the faithful performance of the contract and to save the county harmless, the finance committee shall so notify the county trustee, in writing, and order the county trustee to place all funds already in the county trustee's hands or that may thereafter be collected by the county trustee on deposit in the bank or banks, noting the funds that shall draw interest and the amount thereof.
Backlinks (2)
History (4)
  • Acts 1909, ch. 305, § 3
  • Shan., § 647a3
  • Code 1932, § 1041
  • T.C.A. (orig. ed.), § 5-812.
§ 5-8-204. Deposit of funds by trustee.
  1. Upon the receipt of the notice and order specified in § 5-8-203, it is made the duty of the county trustee to place all funds in the notice in the bank or banks designated therein.
History (4)
  • Acts 1909, ch. 305, § 4
  • Shan., § 647a4
  • Code 1932, § 1042
  • T.C.A. (orig. ed.), § 5-813.
§ 5-8-205. Liability of trustee.
  1. From the date of the deposit, which shall be evidenced by the bank book, the county trustee shall be released from liability for losses to the county in consequence of the contract and deposit; but should the county trustee fail or refuse specifically to obey the order specified in § 5-8-203, the county trustee shall be held liable not only for the money collected and not so deposited, but for the interest on the funds mentioned in the contract, and as a penalty shall be liable for further interest equal in amount of the interest contracted for, all of which may be recovered by suit; and when collected the interest paid as penalty shall become the property of the contracting bank or banks, and the balance of the fund recovered, together with the cost, shall be paid to the county.
History (4)
  • Acts 1909, ch. 305, § 5
  • Shan., § 647a5
  • Code 1932, § 1043
  • T.C.A. (orig. ed.), § 5-814.
§ 5-8-206. Monthly statements.
  1. Before the fifteenth of each month, each of the contracting banks shall render a statement to the county trustee, showing the balance on hand and the interest thereon due the county to the first of the month, and the county trustee shall, in the county trustee's monthly report to the county mayor, as required by § 67-5-1902(a), show the amount of the monthly balance as per bank statement, the interest to be placed by the trustee to the credit of the proper county fund.
History (7)
  • Acts 1909, ch. 305, § 6
  • Shan., § 647a6
  • Code 1932, § 1044
  • impl. am. Acts 1978, ch. 934, §§ 16, 36
  • T.C.A. (orig. ed.), § 5-815
  • Acts 1993, ch. 315, § 1
  • 2003, ch. 90, § 2.
§ 5-8-207. County officers — Securing funds — Mandatory accounts.
  1. (a)
    1. (1) Every county official handling public funds shall be required to maintain an official bank account in a bank or banks within this state, and shall, within three (3) days after the receipt by such county official of any public funds, deposit the funds to the credit of such county official's official bank account, or bank accounts. Each county official maintaining an official bank account is authorized to enter into such agreements with banks and other financial institutions as necessary for the maintenance of collateral to secure the funds on deposit; provided, that the deposit of county funds in banks or financial institutions by a county trustee shall be done in accordance with § 5-8-201.
    2. (2) All funds deposited with a bank or other financial institution shall be secured by collateral in the same manner and under the same conditions as state deposits under title 9, chapter 4, parts 1 and 4, or as provided in a collateral pool created under title 9, chapter 4, part 5.
    3. (3) This requirement shall not prohibit a county official handling public funds from maintaining a petty cash fund in an account sufficient for the transaction of the official business of such county official's office.
  2. (b) Every county official handling public funds shall be required to make all disbursements of such public funds by consecutively prenumbered warrants or consecutively prenumbered checks drawn on such county official's official bank account or bank accounts.
  3. (c) A violation of this section is a Class C misdemeanor.
Backlinks (1)
History (7)
  • Acts 1953, ch. 43, §§ 1-3 (Williams, §§ 1902.4-1902.6)
  • Acts 1977, ch. 118, § 1
  • T.C.A. (orig. ed.), §§ 5-816 — 5-818
  • 5-8-208, 5-8-209
  • Acts 1989, ch. 591, § 113
  • 1993, ch. 315, § 16
  • 1994, ch. 752, § 2.
§ 5-8-210. Checking system.
  1. (a) Each county trustee may adopt a checking system for the disbursing of county funds by the county trustee as prescribed by this section by giving at least thirty (30) days notice to each official authorized to sign checks. Once adopted, any trustee may, with the approval of the county finance committee created pursuant to § 5-8-201, or with the approval of the county legislative body, discontinue the application of this section.
  2. (b) For purposes of this section, the “county master account” means all accounts maintained by the county trustee for the purpose of handling banking transactions of the various county funds required by law to be managed by the county trustee, except for any check clearing account as defined in subsection (c). The county trustee shall reconcile all county master accounts and shall maintain all records as required by law relating to such accounts, including maintaining paid checks.
  3. (c) For purposes of this section, “check clearing account” includes any account created for combined offices and departments or created for separate offices or departments, or both, that the county trustee establishes as a separate checking account for county payrolls or as a method of certifying checks. If any check clearing account is established, such account shall be reconciled by the county trustee, except that a separate clearing account established for a single office or department shall be reconciled by that office or department; provided, that if the county trustee deems it necessary or advisable, the county trustee may reconcile any check clearing account established for a single office or department, which shall include maintaining the paid checks.
  4. (d) Any financial institution charges incurred by a county for a county master account or for a check clearing account shall be an allowable office expense for the county trustee; provided, that any financial institution charges incurred for a check clearing account established for a single office or department shall be a charge against the funds of the office or department.
  5. (e) In any county coming under this section, a county master account and a check clearing account shall be established by the county trustee at a financial institution selected by the county finance committee created pursuant to § 5-8-201 or, if the county legislative body has not created a county finance committee or the county finance committee fails to specify one (1) or more financial institutions, then the county trustee may select a financial institution authorized to handle such account. Any financial institution shall be selected based on the institution offering the highest and best bid or bids to pay interest on daily balances of the county's funds, considering the lowest service charges, and considering other factors affecting safety and liquidity of county moneys.
  6. (f) When the financial institution has been selected, the county trustee shall establish one (1) or more county master bank accounts or one (1) or more check clearing accounts, or both, and have each official authorized by law to sign checks drawn on each account to complete forms as required by the financial institution. The forms shall be completed and returned to the financial institution prior to any checks being issued on the account. Persons who have the authority to sign checks drawn on the account shall promptly complete these forms and return them to the county trustee. The county trustee shall maintain a copy of these forms and shall provide a copy of each completed form to the county mayor and to each person who is authorized to sign checks drawn on the account.
  7. (g) The county trustee, in conjunction with the financial institution, may designate specifications for checks used to make withdrawals on any account established pursuant to this section. In the event of a written objection to the specifications by the county mayor, a department head, the director of accounts and budgets, or the director of finance is filed with the trustee, the county trustee's specifications for checks shall be approved by the finance committee created pursuant to § 5-8-201, or by the county legislative body.
  8. (h) In any county that adopts this section, the issuance of checks shall be certified by one (1) of the following methods adopted by the county trustee:
    1. (1) List Certification Method. This method requires each department, including the county mayor, a department head, director of accounts and budgets, and a director of finance, to submit a list by fund to the county trustee of the checks being issued showing the date of the check, check number, payee and amount. The county trustee verifies the department's fund balance and certifies that funds are available or will be available in the “check clearing account” for payment of those checks. The county trustee then transfers funds from the “county master account” to the “check clearing account.” The county trustee may develop a procedure for emergency certification by the county trustee in circumstances where such would be reasonable, in which event the county trustee must be provided with a written document for certification by the end of the next business day;
    2. (2) Check Signing/Validation Method. This method requires each department, including the county mayor, department heads, director of accounts and budgets, and directors of finance, to submit a list to the county trustee of checks being issued showing the date of the check, check number, payee and amount. The county trustee verifies the department's fund balance. The county trustee signs or validates each check if sufficient funds are or will be available and makes any necessary transfer of funds from the master account to the check clearing account;
    3. (3) Combination Method. The method outlined in subdivision (h)(1) may be followed for some offices and departments, and the method outlined in subdivision (h)(2) followed for other offices and departments in the discretion of the county trustee; or
    4. (4) Any other certification method requested by the county trustee and approved by the comptroller of the treasury.
  9. (i) When the county trustee has certified that funds are available, the total amount certified shall be charged to the fund on which the check or checks are drawn on at least a daily basis so that a current balance is maintained.
  10. (j) Any reference in this code or regulations issued pursuant to this code that require or authorize the issuance or acceptance of a county warrant shall also authorize the issuance or acceptance of a check drawn pursuant to this section and, to the extent that this section conflicts with other laws or regulations, this section shall apply in any county in which this section has been adopted by the county trustee as provided in subsection (a).
  11. (k) Any person who signs or issues any check required by this section to be certified by the county trustee, that has not been certified by the county trustee in accordance with this section, is in violation of this section, subject to removal from position or office, and subject to personal liability for any improperly disbursed funds.
History (3)
  • Acts 1992, ch. 743, §§ 1, 2
  • 1995, ch. 130, § 1
  • 2003, ch. 90, § 2.
Part 3 Investment in Bonds or Notes
§ 5-8-301. Authorized investments.
  1. (a) It is the policy of this state and the several counties that all idle county funds shall be invested to the maximum extent practical according to the following:
    1. (1) Idle county funds derived from bond proceeds shall be invested in accordance with subsection (b);
    2. (2) Idle county funds derived from sales of assets, settlements, or other infrequent and unusual occurrences shall be invested in accordance with subsection (b) and subdivisions (c)(2) and (3); and
    3. (3) All other idle county funds shall be invested in accordance with subsections (b) and (c).
  2. (b) In order to provide a safe temporary medium for investment of idle funds, counties are authorized to invest in the investment instruments noted in this section or as otherwise provided in the charter of those counties that have adopted a charter form of government pursuant to chapter 1, part 2 of this title. Any investments made pursuant to subdivisions (b)(3), (5) and (6) shall either be approved by the county legislative body, be in compliance with an investment policy adopted by the county legislative body, or approved by an investment committee established pursuant to § 5-8-302. Counties are authorized to invest idle funds in any of the following:
    1. (1) Bonds, notes or treasury bills of the United States or other obligations guaranteed as to principal and interest by the United States or any of its agencies;
    2. (2) Certificates of deposit and other evidence of deposit at Tennessee state chartered banks and savings and loan associations and federally chartered banks and savings and loan associations. Prior to making these investments, the county official shall obtain and document at least two (2) proposals from banks or other financial institutions to assure the county receives the highest and best rate of return. The documentation shall be retained in the official's office for a period of not less than three (3) years. Notwithstanding any other public or private act to the contrary, all investments made pursuant to this subdivision (b)(2) shall be secured by collateral in the same manner and under the same conditions as state deposits under title 9, chapter 4, parts 1 and 4, or as provided in a collateral pool created under title 9, chapter 4, part 5;
      Backlinks (1)
    3. (3) Obligations of the United States or its agencies under a repurchase agreement for a shorter time than the maturity date of the security itself if the market value of the security itself is more than the amount of funds invested. Counties may invest in repurchase agreements only if the comptroller of the treasury or the comptroller's designee approves repurchase agreements as an authorized investment and if such investments are made in accordance with procedures established by the state funding board;
    4. (4) The pooled investment fund established by title 9, chapter 4, part 7;
    5. (5)
      1. (A)
        1. (i) Bonds of this state, including any revenue bond issued by any agency of the state of Tennessee, specifically including institutions under the control of the state board of education, the board of trustees for the University of Tennessee and bonds issued in the name of the state school bond authority;
        2. (ii) Bonds of any county or municipal corporation of this state, including bonds payable from revenues, but expressly excluding bonds of any road, levee or drainage district; and
        3. (iii) Bonds of any other state or political subdivision thereof;
      2. (B) Funds invested pursuant to this subdivision (b)(5) must be invested only in bonds rated A or higher by any nationally recognized statistical rating organization as identified by the United States securities and exchange commission;
    6. (6) Nonconvertible debt securities of the following federal government-sponsored enterprises that are chartered by the United States congress; provided, that the securities are rated equal to or higher than bonds, notes, or treasury bills of the United States by at least two (2) rating services that are nationally recognized statistical rating organizations as identified by the United States securities and exchange commission:
      1. (A) The federal home loan bank;
      2. (B) The federal national mortgage association;
      3. (C) The federal farm credit bank;
      4. (D) The federal home loan mortgage corporation; and
      5. (E) Any other obligations that are guaranteed as to principal and interest by the United States or any of its agencies; and
    7. (7) The county's own bonds or notes issued in accordance with title 9, chapter 21.
  3. (c)
    1. (1) Not more than twenty percent (20%) of the lowest idle fund balance in the last five (5) years or twenty percent (20%) of the idle funds available at the time of investment, whichever is less, may be invested in maturities of greater than two (2) years but not greater than five (5) years from the date of investment.
    2. (2) No idle funds are to be invested for a maturity of greater than two (2) years, unless first the county legislative body shall appoint an investment committee as authorized by § 5-8-302 or § 5-21-105, and such investment committee shall give its prior approval. Such investment committee may approve investments in maturities of up to five (5) years.
    3. (3) Under subdivision (a)(2), the investment committee may approve investment in maturities of greater than five (5) years. Any such investments shall also be approved by the comptroller of the treasury or the comptroller's designee. The individual designated to invest the funds shall submit to the director in writing the infrequent and unusual occurrence that generated idle funds under subdivision (a)(2), the medium of investment and the maturity approved by the investment committee.
  4. (d)
    1. (1) In addition to the investments authorized in subsection (a), those counties having a population in excess of one hundred fifty thousand (150,000), according to the 1980 federal census or any subsequent federal census, may also permit investment of idle funds in the investment instruments in subdivisions (d)(1)(A) and (B) in accordance with subdivision (d)(3);
      1. (A) Prime banker's acceptances that are eligible for purchase by the federal reserve system; and
      2. (B) Prime commercial paper that is rated at least A1 or equivalent by at least two (2) nationally recognized statistical rating organizations as identified by the United States securities and exchange commission.
    2. (2) In addition to the investments authorized in subsection (a), those counties having a population of not less than twenty thousand (20,000) nor more than one hundred fifty thousand (150,000), according to the 1990 federal census or any subsequent federal census, may also permit investment of idle funds in prime commercial paper in accordance with the following:
      1. (A) Such paper shall be rated in the highest category by at least two (2) nationally recognized statistical rating organizations as identified by the United States securities and exchange commission.
      2. (B) The paper shall have a remaining maturity of ninety (90) days or less.
    3. (3) Investment in the instruments set forth in subdivisions (d)(1) and (2) shall first be authorized by the county legislative body, acting by resolution duly adopted or otherwise provided in the charter of those counties that have adopted a charter form of government, pursuant to chapter 1, part 2 of this title. In addition, investment in the instruments set forth in subdivisions (d)(1) and (2) shall be prohibited until the investment committee has adopted written policies to govern the use of such instruments, with such policies being no less restrictive than those established by the state funding board to govern state investment in the instruments set forth in subdivisions (d)(1) and (2).
Backlinks (4)
History (16)
  • Acts 1943, ch. 23, § 1
  • mod. C. Supp. 1950, § 1044.1 (Williams, § 1080.1)
  • T.C.A. (orig. ed.), § 5-819
  • Acts 1983, ch. 389, § 1
  • 1985, ch. 298, § 1
  • 1986, ch. 636, § 1
  • 1988, ch. 593, §§ 1-3
  • 1990, ch. 814, § 3
  • 1992, ch. 592, § 6
  • 1994, ch. 752, § 3
  • 1994, ch. 806, § 1
  • 2000, ch. 996, §§ 1-3
  • 2006, ch. 693, §§ 1, 2
  • 2008, ch. 899, § 2
  • 2010, ch. 868, §§ 10, 11
  • 2024, ch. 538, §§ 1-4.
§ 5-8-302. Committee on investment.
  1. (a) For the purpose of carrying out § 5-8-301, the county legislative body of the several counties may appoint a committee with authority to designate the types of investments, the amounts of those investments and the maturity of those investments.
  2. (b) No liability shall attach to any member of a committee selected for the purpose mentioned in subsection (a), except for misfeasance or malfeasance in the performance of the duties imposed on the committee.
Backlinks (2)
History (5)
  • Acts 1943, ch. 23, § 2
  • C. Supp. 1950, § 1044.2 (Williams, § 1080.2)
  • impl. am. Acts 1978, ch. 934, §§ 7, 36
  • T.C.A. (orig. ed.), § 5-820
  • Acts 2006, ch. 693, § 3.
Part 4 Unclaimed Funds
§ 5-8-401. Disposition.
  1. The county mayor is required, in making settlements with clerks, to ascertain what amount of money is in their hands due to witnesses and officers, that may have been collected by them from suitors, and that has been in the hands of the clerk for more than two (2) years, and such sums of money shall be paid into the county treasury as other county revenue.
Backlinks (2)
History (8)
  • Code 1858, § 521 (deriv. Acts 1845-1846, ch. 32, § 1)
  • Shan., § 661
  • Code 1932, § 1060
  • Acts 1939, ch. 193, § 1
  • C. Supp. 1950, § 1060
  • impl. am. Acts 1978, ch. 934, §§ 16, 36
  • T.C.A. (orig. ed.), § 5-821
  • Acts 2003, ch. 90, § 2.
§ 5-8-402. Records and reports.
  1. (a) The several clerks shall, upon oath, produce their books and papers, and point out to the county mayor the items so collected by them and remaining in their hands, mentioned in § 5-8-401; and the county mayor shall examine the books minutely, and interrogate the clerks with a view to elicit the facts, and shall report thereon.
  2. (b) The county mayor shall include with the report a list of the persons to whom money remaining in the hands of the clerk is due, and the amount due, and the county clerk shall spread the same in full in a record book kept for this purpose.
History (6)
  • Code 1858, §§ 522, 523 (deriv. Acts 1845-1846, ch. 32, §§ 2, 4)
  • Shan., §§ 662, 663
  • Code 1932, §§ 1061, 1062
  • impl. am. Acts 1978, ch. 934, §§ 16, 22, 36
  • T.C.A. (orig. ed.), § 5-822
  • Acts 2003, ch. 90, § 2.
§ 5-8-403. Payment to claimant.
  1. The person to whom any money paid into the county treasury is due may apply to the county mayor for a warrant for the amount due that person, and, on presenting this warrant to the county trustee, the county trustee shall pay the amount, as in other cases, out of any money in the treasury.
History (6)
  • Code 1858, § 524 (deriv. Acts 1845-1846, ch. 32, § 6)
  • Shan., § 664
  • Code 1932, § 1063
  • impl. am. Acts 1978, ch. 934, §§ 16, 36
  • T.C.A. (orig. ed.), § 5-823
  • Acts 2003, ch. 90, § 2.
§ 5-8-404. Unclaimed funds from appellate courts.
  1. This part shall apply to clerks of the appeals and supreme courts, who are required to pay over to the county mayor of the county in which the suits originated, as other county revenue, on the first day of January, April, July, and October of each year, all moneys in their hands due to witnesses, officers, litigants, or others, that may have been collected by the clerk from suitors or from the state and county treasury, and that have been in court for more than two (2) years.
History (6)
  • Acts 1895, ch. 137, § 1
  • Shan., § 665
  • mod. Code 1932, § 1064
  • impl. am. Acts 1978, ch. 934, §§ 16, 36
  • T.C.A. (orig. ed.), § 5-824
  • Acts 2003, ch. 90, § 2.
Part 5 Accounting System and Reports
§ 5-8-501. Standard accounting system.
  1. The comptroller of the treasury, with the approval of the governor, shall devise a modern and effective bookkeeping and accounting system to be used by all county officials and agencies receiving and disbursing the revenues of the state or any political subdivision thereof, and shall prescribe the minimum standards that shall be required under such system.
Backlinks (2)
History (2)
  • Acts 1953, ch. 25, § 1 (Williams, § 1681.1)
  • T.C.A. (orig. ed.), § 5-825.
§ 5-8-502. Compliance with accounting standards.
  1. All county officials and agencies receiving and disbursing the revenues of the state or any political subdivision thereof shall be required to adopt a system of bookkeeping and accounting that meets the minimum standards provided for in § 5-8-501.
Backlinks (1)
History (2)
  • Acts 1953, ch. 25, § 2 (Williams, § 1681.2)
  • T.C.A. (orig. ed.), § 5-826.
§ 5-8-503. Noncompliance — Additional audit costs.
  1. If any county official or agency receiving and disbursing the revenues of the state or any political subdivision thereof shall fail to comply with § 5-8-502, the county, within thirty (30) days after the completion of the audit made by the state department of audit under §§ 4-3-304 and 9-3-212, shall be obligated to pay into the office of the comptroller of the treasury such portion of the actual cost of the audit as exceeds the fee provided by § 9-3-210.
Backlinks (1)
History (3)
  • Acts 1953, ch. 25, § 3 (Williams, § 1681.3)
  • impl. am. Acts 1977, ch. 103, §§ 2, 7
  • T.C.A. (orig. ed.), § 5-827.
§ 5-8-505. Financial reports — Applicability and contents.
  1. All appointive or elective county public officials, official county boards, committees and commissions in the state having in their charge and custody public funds or moneys are required to file with the county mayor and with the county clerk, who shall provide a copy of this report to each member of the county legislative body on or before the next meeting of the county legislative body an annual financial report for the year ended June 30, in a form prescribed by the comptroller of the treasury.
Backlinks (1)
History (6)
  • Acts 1947, ch. 215, § 1
  • C. Supp. 1950, § 1653.1 (Williams, § 1652)
  • T.C.A. (orig. ed.), § 5-829
  • Acts 1991, ch. 484, § 1
  • 1993, ch. 315, § 2
  • 2003, ch. 90, § 2.
§ 5-8-507. Annual operating budget — Publication — Budgetary comparison.
  1. (a) Notwithstanding any other law to the contrary, the county commission shall cause to be published the proposed annual operating budget, no later than five (5) days after the budget is presented to the governing body, in a newspaper of general circulation, if the newspaper is published daily. If the newspaper of general circulation is published less frequently than daily, then the commission shall cause the proposed annual operating budget to be published in the first edition for which the deadline for publication falls after the budget is presented to the governing body. No county commission shall approve final adoption of such budget until at least ten (10) days after the budget has been so published. A county may also publish the proposed annual operating budget on the county's Internet web site, which shall be accessible to the public, on the day the budget is presented to the governing body in order to give the public notice of the budget.
  2. (b) The annual operating budget shall contain a budgetary comparison for the following governmental funds:
    1. (1) General;
    2. (2) Highway/public works;
    3. (3) General purpose school fund; and
    4. (4) Debt service.
  3. (c) The budgetary comparison shall include comparisons of the proposed budget with the current year and the prior year. The budgetary comparisons shall be by individual fund and shall summarize revenues by local taxes, state of Tennessee, federal government and other sources. Expenditures shall be summarized by salaries and other costs. The budgetary comparison shall also present beginning and ending fund balances and the number of employee positions.
History (4)
  • Acts 1991, ch. 484, § 4
  • 1992, ch. 760, § 1
  • 1996, ch. 732, §§ 1, 2
  • 2003, ch. 379, § 1.
Part 6 Revenue Commissioners [Repealed]
§ 5-8-601. [Repealed]
History (6)
  • Acts 1907, ch. 602, § 76
  • Shan., § 935
  • Code 1932, § 1650
  • impl. am. Acts 1978, ch. 934, §§ 7, 22, 36
  • T.C.A. (orig. ed.), § 5-831
  • repealed by Acts 2016, ch. 624, § 1, effective March 22, 2016.
§ 5-8-602. [Repealed]
History (7)
  • Acts 1907, ch. 602, § 76
  • Shan., § 936
  • Code 1932, § 1651
  • impl. am. Acts 1978, ch. 934, §§ 16, 36
  • T.C.A. (orig. ed.), § 5-832
  • Acts 2003, ch. 90, § 2
  • repealed by Acts 2016, ch. 624, § 1, effective March 22, 2016.
§ 5-8-603. [Repealed]
History (5)
  • Acts 1907, ch. 602, § 76
  • Shan., § 937
  • Code 1932, § 1652
  • T.C.A. (orig. ed.), § 5-833
  • repealed by Acts 2016, ch. 624, § 1, effective March 22, 2016.
§ 5-8-604. [Repealed]
History (11)
  • Acts 1907, ch. 602, § 76
  • Shan., § 938
  • Acts 1921, ch. 135, § 2
  • Code 1932, § 1653
  • Acts 1959, ch. 231, § 1
  • 1971, ch. 294, §§ 1, 2
  • 1975, ch. 18, § 1
  • impl. am. Acts 1978, ch. 934, §§ 7, 36
  • T.C.A. (orig. ed.), § 5-834
  • Acts 1984, ch. 509, §§ 1, 2
  • repealed by Acts 2016, ch. 624, § 1, effective March 22, 2016.
Chapter 9 Appropriation and Disbursement of Funds
Part 1 Authorized Appropriations Generally
§ 5-9-101. Miscellaneous purposes.
  1. The county legislative body may appropriate moneys as follows:
    1. (1) For the payment of jurors;
    2. (2) For the payment of costs of criminal prosecutions chargeable by law to the county;
    3. (3) For the support of people who are indigent or have mental illness or intellectual or developmental disabilities;
    4. (4) For the burial or cremation expenses of any poor person dying in the county, leaving no means to pay for the same;
    5. (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. (6) To pay solicitors, sheriffs and clerks for ex officio services;
    7. (7) To pay clerks for making out tax lists;
    8. (8) To pay the county mayor for the county mayor's services as financial agent of the county;
    9. (9) To pay the county mayor for other services;
    10. (10) To pay commissioners for settling with the officers entrusted with the collection of the public or county revenue;
    11. (11) For building, repairing and taking care of courthouses, jails and other county buildings;
    12. (12) For purchasing tools for overseers of roads;
    13. (13) For weights and measures;
    14. (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. (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. (16) For exhibits and buildings and other permanent improvements for or at county and state fairs;
    17. (17) For aiding farmers' cooperative demonstration work;
    18. (18) For public and permanent statutes of this state;
    19. (19) Toward the construction or maintenance of a public market house;
    20. (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. (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. (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. (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. (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. (25) To appropriate funds for any project otherwise statutorily authorized; and
    26. (26) For economic and community development.
History (32)
  • 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.
§ 5-9-102. State and county fairs.
  1. The county legislative bodies may 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 the Wilson County fairgrounds, under the management of the Tennessee State Fair Association or Wilson County Promotions, Inc., or both; and to provide ways and means and prescribe rules and regulations governing the expenditure of any moneys so appropriated.
History (7)
  • Acts 1907, ch. 513, § 1
  • Shan., § 373a 28
  • Acts 1919, ch. 72, § 1
  • Code 1932, § 10250
  • impl. am. Acts 1978, ch. 934, §§ 7, 36
  • T.C.A. (orig. ed.), § 5-902
  • Acts 2021, ch. 543, § 2.
§ 5-9-103. Market houses.
  1. 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.
History (5)
  • 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.
  1. 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.
History (6)
  • 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. (a) 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. (b)
    1. (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. (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.
History (6)
  • 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 and water conservation.
  1. (a) The county legislative bodies in all counties having soil and water conservation districts are hereby authorized and empowered to:
    1. (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. (2) Employ such secretarial help as may be needed;
    3. (3) Purchase such office equipment and supplies as may be needed;
    4. (4) Pay for the rental of office space; and
    5. (5) Promote projects that are considered beneficial to the soil and water conservation program.
  2. (b) 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.
History (4)
  • Acts 1957, ch. 370, § 1
  • impl. am. Acts 1978, ch. 934, §§ 7, 36
  • T.C.A., § 5-923
  • Acts 2021, ch. 203, § 5.
§ 5-9-107. Watershed development.
  1. (a) 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. (b) 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. (c) 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.
History (2)
  • Acts 1965, ch. 339, § 1
  • T.C.A., § 5-930.
§ 5-9-108. Medical services.
  1. (a) 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. (b) Any funds appropriated for this purpose need not be repaid to the county by the nonprofit corporation.
History (3)
  • 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. (a)
    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. (2) For the purposes of this section:
      1. (A) 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. (B) 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. (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. (b) 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. (c)
    1. (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. (2) Such report will be open for public inspection during the regular business hours of the county clerk's office.
    3. (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. (4) Such report shall be prepared and certified by the chief financial officer of such nonprofit organization.
    5. (5) Financial reports shall be available to fiscal officers of the county and shall be subject to audit under § 4-3-304.
  4. (d) 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.
Backlinks (1)
History (12)
  • 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.
§ 5-9-110. Animal welfare.
  1. 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.
History (1)
  • Acts 1981, ch. 267, § 1.
§ 5-9-111. Funds for dues of associations composed of or for the benefit of county officeholders.
  1. (a) 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. (b) 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. (c) 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.
History (3)
  • Acts 1987, ch. 401, § 1
  • 1994, ch. 887, § 1
  • 2003, ch. 90, § 2.
§ 5-9-112. Assistance to low-income elderly residents.
  1. (a) 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. (b) 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. (c) The county legislative body is authorized to develop guidelines for eligibility and participation in applying for assistance authorized pursuant to this section.
History (1)
  • Acts 1990, ch. 882, § 1.
§ 5-9-113. Affordable housing and workforce housing.
  1. (a) 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. (b) As used in this section:
    1. (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. (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.
Backlinks (1)
History (2)
  • Acts 2015, ch. 377, § 1
  • 2018, ch. 791, § 1.
§ 5-9-114. Transition center.
  1. (a) A county may agree, for a determinate period of time, pursuant to an interlocal agreement entered into under § 12-9-104, that relates to the joint development or operation of a transition center.
  2. (b) Any amounts contributed to the transition center pursuant to subsection (a) are revenues of the transition center that may be used for any lawful purpose of the transition center.
  3. (c) A transition center may partner with a nonprofit organization that provides programming designed to reduce recidivism.
  4. (d) As used in this section, “transition center” means a local correctional facility that assists inmates' crossover from jail or prison life to productive citizenship through the use of phases and a series of programs and services designed to equip and empower inmates to make life changes in order to reduce recidivism. The local correctional facility must be operated in accordance with § 41-4-140.
History (1)
  • Acts 2021, ch. 390, § 1.
§ 5-9-115. County funding of criminal abortions prohibited.
  1. A county shall not expend funds for the purposes of assisting a person in obtaining a criminal abortion. This prohibition includes expending funds as part of a health benefit plan or for travel to another state for the purpose of obtaining an abortion that would be a criminal abortion if performed in this state. As used in this section, “criminal abortion” means an abortion that is prohibited by § 39-15-213 and does not include an abortion performed pursuant to § 39-15-213(c).
History (1)
  • Acts 2023, ch. 168, § 1.
Part 2 Advertising and Tourist Promotion
§ 5-9-201. Legislative declaration — Appropriations for advertising authorized.
  1. (a) Advertising the commercial, social, agricultural, industrial, scenic, recreational, historical, educational and other advantages, the points of interest and attractions within the various counties of Tennessee, and tourist promotion generally are declared to be a county purpose.
  2. (b) The county legislative body or other governing body of each county is authorized and empowered in its discretion to appropriate moneys from the general funds of such county for the purpose of advertising the commercial, social, agricultural, industrial, scenic, recreational, historical, educational and other advantages of such county, and the points of interest and attractions therein, for tourist promotion.
Backlinks (2)
History (6)
  • Acts 1941, ch. 21, §§ 1, 2
  • C. Supp. 1950, §§ 10250.1, 10250.2 (Williams, §§ 844.1, 844.2)
  • Acts 1968, ch. 474, § 1
  • 1977, ch. 55, § 1
  • impl. am. Acts 1978, ch. 934, §§ 7, 36
  • T.C.A. (orig. ed.), § 5-906.
§ 5-9-202. Control of expenditures.
  1. The funds appropriated pursuant to authority vested in the various county legislative bodies or governing bodies of counties in § 5-9-201 shall be used and expended under the direction and control of the county legislative bodies so appropriating the funds, or through such agency or agencies as they shall prescribe, and under such rules and regulations as they see fit.
History (4)
  • Acts 1941, ch. 21, § 3
  • C. Supp. 1950, § 10250.3 (Williams, § 844.3)
  • impl. am. Acts 1978, ch. 934, §§ 7, 36
  • T.C.A. (orig. ed.), § 5-907.
§ 5-9-203. Related county powers.
  1. To carry out the purpose and intent of this part, the counties are authorized and empowered to:
    1. (1) Form contracts with agencies of any type or wherever situated that will tend to promote the objectives of advertising the advantages of the various counties of this state;
    2. (2) Gather and compile information from branches of the state government and other sources that will promote authentic information for advertising purposes;
    3. (3) Enter into cooperative agreements and contracts with such individuals, partnerships, corporations, public and private associations, societies, educational institutions, chambers of commerce, tourist bureaus, automobile associations or any other organized groups as may be deemed advantageous to carry out the intent and purposes of this part;
    4. (4) Accept unconditional gifts of money to be expended in furtherance of the purposes set out in § 5-9-201;
    5. (5) Within the limits of available funds, match the money advanced for the purposes of this part, by the federal government, or by any state, county, municipal corporation, association, society or individual; and
    6. (6) Donate, contribute or give all or any part of the funds so appropriated to such organized associations, societies, tourist bureaus or chambers of commerce, or corporations located within the territorial limits of such county, as may be deemed advantageous and proper to effectuate the purposes and intent of this part.
History (3)
  • Acts 1941, ch. 21, § 4
  • C. Supp. 1950, § 10250.4 (Williams, § 844.4)
  • T.C.A. (orig. ed.), § 5-908.
Part 3 Procedures
§ 5-9-301. Book of appropriation applications.
  1. (a) It is the duty of the county clerk to keep a book in which applications for appropriation shall be entered when made to the county legislative body, and the same shall be open for the inspection of the citizens of the county.
  2. (b) The county legislative body shall not consider or make any appropriation unless the same shall have first been entered in a book as heretofore required.
History (6)
  • Acts 1875, ch. 63, §§ 5, 6
  • impl. am. Acts 1875, ch. 70, §§ 1, 3
  • Shan., §§ 6017, 6018
  • Code 1932, §§ 10216, 10217
  • impl. am. Acts 1978, ch. 934, §§ 7, 22, 36
  • T.C.A. (orig. ed.), § 5-910.
§ 5-9-302. Vote on appropriations.
  1. In making appropriations of money, the vote of the members of the county legislative body present shall be taken by ayes and nayes, the clerk calling and recording the name of each member, together with each member's vote, aye or no, as it is given, which shall be entered on the minutes, together with the items of allowance.
History (5)
  • Code 1858, § 4195 (deriv. Acts 1827, ch. 49, § 15)
  • Shan., § 6015
  • Code 1932, § 10214
  • impl. am. Acts 1978, ch. 934, §§ 7, 36
  • T.C.A. (orig. ed.), § 5-911.
§ 5-9-304. Revenue docket — Entry of claims.
  1. (a) In the revenue docket shall be entered all appropriations or allowances made by the county legislative body, all claims of jurors and officers for attendance, and all other claims chargeable against the county.
  2. (b) The entry shall set forth the character, description, purpose, date and amount of every appropriation or allowance, and the minute book and page where the allowance was made.
History (6)
  • Code 1858, §§ 496, 498
  • Shan., §§ 654, 656
  • Code 1932, §§ 1053, 1055
  • modified
  • impl. am. Acts 1978, ch. 934, §§ 7, 36
  • T.C.A. (orig. ed.), § 5-913.
§ 5-9-305. Revenue docket — Jurors' claims.
  1. The evidence upon which claims of jurors shall be entered shall be a list of the same, with the number of days each has served, and the amount due to such juror, made out by the clerk of the court in which the service was rendered, under the seal of the court, delivered to the county clerk.
History (5)
  • Code 1858, § 497
  • Shan., § 655
  • Code 1932, § 1054
  • impl. am. Acts 1978, ch. 934, §§ 22, 36
  • T.C.A. (orig. ed.), § 5-914.
§ 5-9-306. Revenue docket — Entry prerequisite to warrant issuance.
  1. No warrant shall be drawn for any claim against the county treasury until the claim has been registered, by order of the county mayor, in the revenue docket.
History (6)
  • Code 1858, § 526
  • Shan., § 671
  • Code 1932, § 1067
  • impl. am. Acts 1978, ch. 934, §§ 16, 36
  • T.C.A. (orig. ed.), § 5-915
  • Acts 2003, ch. 90, § 2.
§ 5-9-307. Warrant of county mayor required.
  1. (a) No money shall be drawn out of the treasury of the county except upon the warrant of the county mayor.
  2. (b)
    1. (1) Upon the absence, death or incapacity of the county mayor, the chair of the county legislative body appointed pursuant to § 5-5-103(g), shall serve in the office of county mayor and may draw warrants upon the treasury of the county in the performance of the duties of office.
    2. (2) Before commencing service as county mayor under this subsection (b), the chair of the county legislative body shall be bonded in accordance with § 5-6-109.
    3. (3) This subsection (b) shall not apply in any county that has a population according to the 1980 federal census or any subsequent federal census of:
      3. 12,72512,825
      4. 20,30020,400
      5. 21,32521,425
      6. 22,27722,350
      7. 22,50022,600
      8. 23,85023,900
      9. 25,30025,350
History (8)
  • Code 1858, § 422 (deriv. Acts 1855-1856, ch. 253, § 8
  • 1857-1858, ch. 38, § 8)
  • Shan., § 518
  • Code 1932, § 770
  • impl. am. Acts 1978, ch. 934, §§ 16, 36
  • T.C.A. (orig. ed.), § 5-916
  • Acts 1984, ch. 780, § 1
  • 2003, ch. 90, § 2.
§ 5-9-308. Bills of cost — Certification.
  1. (a) No warrant shall be drawn for costs against a county, unless the same has been regularly taxed by the clerk, examined by the presiding judge of the court in which the costs accrued, and by them certified, under the seal of the court, to be correctly taxed and lawfully chargeable upon the county.
  2. (b) In making the certificate, the judge shall certify the aggregate amount of each bill of cost, writing the aggregate amount in both words and figures, and no bill of cost shall be paid unless so certified.
Backlinks (2)
History (6)
  • Code 1858, § 527
  • Acts 1897, ch. 29, § 1
  • Shan., § 672
  • Code 1932, § 1068
  • T.C.A. (orig. ed.), § 5-917
  • Acts 1998, ch. 1080, §§ 1, 2.
§ 5-9-309. Bills of cost — Correction.
  1. If the county mayor, when a bill of costs authenticated as provided for in § 5-9-308 is presented to the county mayor, and the county mayor's warrant for the payment of the same demanded, conceives that the bill of costs, or any part of it, is not lawfully chargeable to the county, the county mayor may defer the issuance of the county mayor's warrant until the county mayor has moved the court for a correction of the taxation.
History (6)
  • Code 1858, § 528
  • Shan., § 673
  • Code 1932, § 1069
  • impl. am. Acts 1978, ch. 934, §§ 16, 36
  • T.C.A. (orig. ed.), § 5-918
  • Acts 2003, ch. 90, § 2.
§ 5-9-310. Bills of cost — Disallowance.
  1. (a) The county mayor, after the bills referred to in § 5-9-308 have been examined and approved by the judge and district attorney general, is granted full power, and it is made the county mayor's duty, to examine into, inspect and audit all bills of cost accruing against the county, and disallow any part of the bills of cost that may be illegally or wrongfully taxed against the county.
  2. (b) The county mayor may disallow any and all costs taxed against the county on account of malicious, frivolous, or unnecessary prosecution, in the event the judge and district attorney general should, by mistake or otherwise, approve any of such bills.
History (6)
  • Acts 1891 (Ex. Sess.), ch. 22, § 5
  • Shan., § 674
  • mod. Code 1932, § 1070
  • impl. am. Acts 1978, ch. 934, §§ 16, 36
  • T.C.A. (orig. ed.), § 5-919
  • Acts 2003, ch. 90, § 2.
§ 5-9-311. Pauper's burial — Affidavit.
  1. No warrant shall be drawn to pay for the funeral or cremation expenses of a pauper, unless the claim is accompanied by an affidavit showing the cost of the same, that the expenses were incurred for the interment of a pauper in the county, and that the claimant has no other means of obtaining payment.
History (5)
  • Code 1858, § 529
  • Shan., § 675
  • Code 1932, § 1071
  • T.C.A. (orig. ed.), § 5-920
  • Acts 2003, ch. 51, § 2.
§ 5-9-312. Judgment against county — Tax levy.
  1. Where judgment is obtained against a county, the county legislative body shall impose a tax to pay it, at the next regular imposition of taxes after the judgment; and the taxes, when levied and collected, shall be immediately applied to the payment of such judgment.
History (6)
  • Code 1858, § 534 (deriv. Acts 1855-1856, ch. 90, § 1
  • 1857-1858, ch. 15, §§ 3, 4)
  • Shan., § 681
  • Code 1932, § 1077
  • impl. am. Acts 1978, ch. 934, §§ 7, 36
  • T.C.A. (orig. ed.), § 5-921.
§ 5-9-313. Judgment against county — Mandamus.
  1. (a) If, upon application of the person owning the judgment, the county legislative body refuses to impose the tax, a mandamus may be issued from either of the courts of law or equity in the county, ordering and compelling the imposition of a tax sufficient to discharge the amount of the judgment; or the party owning the judgment may appeal from the refusal of the county legislative body to impose the tax to the next term of the circuit court for the county.
  2. (b) On trial of the appeal, the circuit court may make an order on the county legislative body, in the nature of a peremptory mandamus, to impose, levy and collect the tax, which order or peremptory mandamus shall be served on a majority of the members of the county legislative body. Service of the mandamus nisi on the county mayor shall be sufficient.
History (7)
  • Code 1858, §§ 535, 536 (deriv. Acts 1855-1856, ch. 90, § 2
  • 1857-1858, ch. 15, §§ 5, 7)
  • Shan., §§ 682, 683
  • Code 1932, §§ 1078, 1079
  • impl. am. Acts 1978, ch. 934, §§ 7, 16, 36
  • T.C.A. (orig. ed.), § 5-922
  • Acts 2003, ch. 90, § 2.
Part 4 Agency Expenditures
§ 5-9-401. County legislative body appropriates agency funds.
  1. All funds from whatever source derived, including, but not limited to, taxes, county aid funds, federal funds, and fines, that are to be used in the operation and respective programs of the various departments, commissions, institutions, boards, offices and agencies of county governments shall be appropriated to such use by the county legislative bodies.
Backlinks (1)
History (4)
  • Acts 1959, ch. 190, § 1
  • 1976, ch. 615, § 1
  • impl. am. Acts 1978, ch. 934, §§ 7, 36
  • T.C.A., § 5-924.
§ 5-9-402. Agency budgets — LEAs — Waiver or alteration — Applicability.
  1. (a) The county board of education, county highway commissioners or superintendents, and each of the other operating departments, commissions, institutions, boards, offices, and agencies of county government that expend county funds shall file with the county mayor for study and submission to the county legislative body or an appropriate committee of the county legislative body a budget as to funds estimated to be required by the particular department, commission, institution, board, office, or agency during the ensuing fiscal year.
  2. (b) The agencies mentioned in subsection (a) shall not be required to file individual budgets when such agencies are under the supervisory control of a commission or a board that files such estimated budget with the county legislative body covering all departments under its control.
  3. (c) If the county legislative body adopts a timeline and budgetary procedures for the county or if the county operates pursuant to a private act that establishes a timeline, then the proposed budgets described in subsection (a) shall be filed in accordance with that timeline; provided, however, the timeline for the budget of the local education agency (LEA) shall be established by the county legislative body with the concurrence of the county board of education.
  4. (d) In the absence of a locally adopted schedule and procedures pursuant to subsection (c), the budgetary procedures for the county shall be as follows:
    1. (1) No later than February 1, the forms for all budget requests shall be delivered to all departments, commissions, institutions, boards, offices, and agencies;
    2. (2) No later than March 1, all departments, commissions, institutions, boards, offices, and agencies except the local board of education shall deliver the budget request to the county budget committee;
    3. (3)
      1. (A) No later than April 1, the county budget committee shall vote upon the proposed budget and shall notify the department, commission, institution, board, office, or agency whether the county budget committee approves or rejects the proposed budget;
      2. (B) If approved, the county budget committee or the committee's designee shall immediately forward the proposed budget to the county legislative body for consideration; or
      3. (C) If rejected, the department, commission, institution, board, office, or agency shall submit a revised budget proposal to the county budget committee within ten (10) business days after receipt of notice that the budget proposal was rejected;
    4. (4) No later than May 1, each LEA shall submit a proposed budget to the county budget committee; provided that, the LEA may amend the proposed budget after May 1;
    5. (5)
      1. (A) No later than June 1, the county budget committee shall vote upon the proposed budget and shall notify the LEA whether the county budget committee approves or rejects the LEA's proposed budget;
      2. (B) If approved, the county budget committee or the committee's designee shall immediately forward the proposed budget to the county legislative body for consideration; or
      3. (C) If rejected, the LEA shall submit a revised budget proposal to the county budget committee within ten (10) business days after receipt of notice that the budget proposal was rejected;
    6. (6) If the county budget committee of the local governing body rejects the first and second budget proposals from any department, commission, institution, board, office, or agency, then the third and any subsequent proposals shall be delivered directly to the county legislative body which shall approve or reject the proposal within ten (10) business days of the body's receipt of the amended proposal; and
    7. (7) If rejected, the department, commission, institution, board, office, or agency shall submit a revised budget proposal to the county legislative body within ten (10) business days after receipt of notice that the budget proposal was rejected.
  5. (e) The timeline and budgetary process pursuant to this section may be waived or altered, if agreed upon by the county legislative body and the respective department, commission, institution, board, office, or agency.
  6. (f) This section shall not apply in any county having a population of more than three hundred twenty-five thousand (325,000), according to the 2010 federal census or any subsequent federal census.
Backlinks (2)
History (5)
  • Acts 1959, ch. 190, § 2
  • impl. am. Acts 1978, ch. 934, §§ 7, 16, 36
  • T.C.A., § 5-925
  • Acts 2003, ch. 90, § 2
  • 2016, ch. 1080, § 1.
§ 5-9-403. Agency budgets — Form.
  1. In all cases in which the form of the budget is not otherwise provided for by law, the comptroller of the treasury is authorized to prescribe the form, including certain standard accounts and classifications for the various operating departments of the several counties, and when so prescribed by the comptroller of the treasury, the budget shall be presented as required in § 5-9-402 in the form prescribed, including the accounts and classifications prescribed for a given county.
History (3)
  • Acts 1959, ch. 190, § 3
  • 1961, ch. 299, § 1
  • T.C.A., § 5-926.
§ 5-9-404. Agency budgets — Approval — Continuation operating budget.
  1. (a) It is the duty of the county legislative bodies in regard to all departments, commissions, institutions, boards, offices, or agencies to adopt a budget and appropriate funds for the ensuing fiscal year.
  2. (b)
    1. (1) In the event that the local fiscal body has not adopted a budget by July 1 of any year, and until a final operating budget is adopted, the operating budget for the year just ended and the appropriation resolution for such year shall continue in effect by operation of law without further action of the county legislative body; provided, however, all agencies of the county and other entities receiving appropriated county funds shall not during any month encumber funds in excess of the allotment for a comparable month of the preceding fiscal year, unless specifically authorized to do so by resolution of the county legislative body. The authorizing resolution must identify a corresponding funding source equal to the amount of excess allotment authorized. The excess allotments so authorized shall become a part of the final operating budget. During the time that the continuation operating budget is in effect, the budget may be amended according to the procedures for amending a final operating budget, and amendments shall be made as necessary to provide for debt obligations and court-ordered expenditures.
    2. (2) The continuing budget, authorized by this subsection (b), may continue in effect for the months of July and August and, upon approval from the comptroller of the treasury or the comptroller's designee after a showing of extraordinary circumstances, may continue for the month of September; provided, however, no such continuation budget may extend beyond September 30 of any fiscal year. The county shall submit justification for extending the continuing budget through the month of September to the comptroller of the treasury or the comptroller's designee for approval by August 15. The comptroller of the treasury or the comptroller's designee may request any additional information as may be required to properly review the continuing budget extension request. The comptroller of the treasury or the comptroller's designee shall report the comptroller's approval or disapproval to the county legislative body within seven (7) business days after receipt of the request and any requested supplemental documentation, upon which the county legislative body may take action to extend the continuing budget for the month of September. The fact that the county is operating under a continuation budget shall not, by itself, be grounds for disapproval of a tax and revenue anticipation note or other comparable financing.
  3. (c) If the county legislative body and the county school board fail to agree upon a budget for the county department of education by August 31 of any year, then, by operation of law, the budget for the county department of education shall be equal to the minimum budget required to comply with the local match and maintenance of effort provisions of the TISA. However, if for three (3) consecutive years, the county legislative body and school board fail to agree upon a budget and the department of education receives the minimum required funding for that fiscal year by operation of law, then, the budget in the third year shall include a mandatory increase that is equivalent to three percent (3%) of the required funding from local sources for schools; provided, however, this increase shall not be required if during any of those three (3) years the LEA failed to submit its budget proposals in accordance with a timeline provided for in § 5-9-402. This subsection (c) shall not apply in any county having a population of more than three hundred twenty-five thousand (325,000) according to the 2010 federal census or any subsequent federal census.
Backlinks (1)
History (6)
  • Acts 1959, ch. 190, § 4
  • impl. am. Acts 1978, ch. 934, §§ 7, 36
  • T.C.A., § 5-927
  • Acts 2015, ch. 170, § 1
  • 2016, ch. 1080, § 2
  • 2022, ch. 966, § 87.
§ 5-9-405. Provisions constitute minimum requirements.
  1. The requirements set forth in §§ 5-9-401 — 5-9-404 shall constitute the minimum requirements of any department, commission, institution, board, office or agency of county government.
History (2)
  • Acts 1959, ch. 190, § 5
  • T.C.A., § 5-928.
§ 5-9-406. Exemptions from application.
  1. This part shall not apply with respect to offices that operate on fees collected by such offices.
History (2)
  • Acts 1959, ch. 190, § 6
  • T.C.A., § 5-929.
§ 5-9-407. Budget amendments — Limitation — Procedure — Applicability.
  1. (a) Under any procedure for amending the budget provided in this section, the budget may not be amended to reduce any expenditure required by law, and all requests for amendments to the school budgets shall be approved by the school board.
  2. (b) Once a budget has been adopted, the budget, including line items and major categories, may be amended by passage of an amendment by a majority of the members of the county legislative body. If an official or department head is requesting the budget amendment and the amendment involves amendment of major categories of the budget, the request shall be submitted in writing to the county mayor and to each member of the county legislative body, and must be approved by the county legislative body in order to be effective. The county mayor may make a recommendation to the county legislative body regarding the requested major category amendment. The written request may be on an amendment request form, if one is specified by the county mayor, otherwise such amendment request shall specify the following:
    1. (1) A description of the amendment, including the purpose of the amendment and why it is needed during the current fiscal year;
    2. (2) A statement showing the cost of the amendment by budget line item with subclassifications showing specific cost elements (personnel, salaries, equipment, etc., included in the line item); and
    3. (3) Funding sources for the expenditure itemized by federal sources, state sources, local sources or fund balance.
  3. (c) After the adoption of a budget for the department of education, any proposed amendments to the budget submitted by the local board of education shall be approved or rejected by the county legislative body within forty (40) days of the receipt of the proposed amendments. This subsection (c) shall not apply in any county having a population of more than three hundred twenty-five thousand (325,000), according to the 2010 federal census or any subsequent federal census.
  4. (d) In addition to approval by the county legislative body as provided in subsection (b), there are two (2) alternative methods for adopting budget amendments to line items within a major category of the budget by which an official or department head may request approval of the amendment, except that amendment requests that have been disapproved by the county legislative body may not be approved under this subsection (d). The official or department head may request approval by the method outlined in subsection (b) or subdivision (d)(2) without first requesting approval under subdivision (d)(1).
    1. (1)
      1. (A) The first alternative method under this subsection (d) to amend line items within a major category of the budget, except for those affecting amounts budgeted for personnel costs and amendments affecting the administrative or other expenses relating to the functioning of the county commission that require amendment by the procedure outlined in subdivision (d)(2) or that require approval by the county legislative body, is by written approval of the county mayor.
      2. (B) Prior to the county mayor's approval, the official or department head of the office or department whose budget is to be amended shall make a written amendment request on the amendment request form specified by the county mayor to include the information outlined in subdivisions (b)(1)-(3). If the county mayor fails to approve such an amendment request, the amendment request may be approved by a budget committee created by law, by a budget committee of the county legislative body appointed by the county legislative body to approve budget amendments, or by a majority vote of the county legislative body.
    2. (2)
      1. (A) The second alternative method for approval of any line item amendment, including, but not limited to, any line item amendment that in any way affects amounts budgeted for personnel costs, is by approval by a budget committee created by law or a budget committee of the county legislative body appointed by the county legislative body to approve budget amendments.
      2. (B) Prior to any budget committee's approval, the official or department head of the affected office or department shall make a written amendment request specified by the committee to include the information outlined in subdivisions (b)(1)-(3). If the budget committee fails to approve such an amendment request, the amendment request may be approved by a majority vote of the county legislative body, but may not be approved by the county mayor pursuant to subdivision (d)(1).
  5. (e) All budget amendments approved by the county mayor or a budget committee under subsection (d) shall be reported to the county legislative body in the next financial report.
  6. (f)
    1. (1)
      1. (A) This section shall apply in every county unless a county exempts itself from this section by the adoption of a resolution by December 31, 1991.
      2. (B) This section shall not apply in any county that has adopted Acts 1989, chapter 550.
    2. (2)
      1. (A) In any county that has a private act or has adopted chapter 12 of this title, this section is supplemental authority for an amendment to the budget.
      2. (B) In any county subject to this section that is under chapter 21 of this title, in addition to the requirement of this section, an official or department head shall submit a budget request to the budget committee for its recommendations to the county mayor or county legislative body, or both, for approval.
    3. (3) This section shall not apply to local education agencies as defined in § 49-1-103.
  7. (g) “Major categories of the budget,” as used in this section, means major categories or summary accounts in the latest uniform chart of accounts as prescribed by the comptroller of the treasury.
  8. (h)
    1. (1) [Deleted by 2016 amendment.]
    2. (2) This section does not apply in any county having a population of not less than three hundred nineteen thousand six hundred twenty-five (319,625) nor more than three hundred nineteen thousand seven hundred twenty-five (319,725), according to the 1980 federal census or any subsequent federal census.
History (4)
  • Acts 1991, ch. 358, §§ 2-4
  • 2003, ch. 90, § 2
  • 2016, ch. 917, § 1
  • 2016, ch. 1080, § 3.
§ 5-9-408. Budgeting for county mayor's office.
  1. The county legislative body shall not adopt a budget that reduces the budget for the county mayor's office below the budgeted amount for the previous fiscal year for office personnel salaries and benefits, office supplies, communication expenses, postal charges, duplicating services, professional development training, and membership dues and fees, unless the reduction is approved by the county mayor.
History (1)
  • Acts 2024, ch. 933, § 1.
Chapter 12 County Budgeting Laws
Part 1 County Budgeting Law of 1957
§ 5-12-101. Short title.
  1. This part shall be known and may be cited as the “County Budgeting Law of 1957.”
History (2)
  • Acts 1957, ch. 291, § 1
  • T.C.A., § 5-1201.
§ 5-12-102. Local approval — Form.
  1. (a) This part shall be local in effect and shall become effective in a particular county upon the contingency of a two-thirds (⅔) 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. (b)
    1. (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. (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. (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 Budgeting Law of 1957” and “Against the County Budgeting Law of 1957.”
Backlinks (1)
History (4)
  • Acts 1957, ch. 291, § 2
  • impl. am. Acts 1972, ch. 740, § 7
  • impl. am. Acts 1978, ch. 934, §§ 7, 36
  • T.C.A., § 5-1202.
§ 5-12-103. Local approval — Effect.
  1. Any county that adopts this law, or the budgeting system provided for in this part, in accordance with § 5-12-102, shall follow the general procedures set forth in this part in the preparation, adoption and execution of all budgets respecting all funds, activities and agencies of county government.
History (2)
  • Acts 1957, ch. 291, § 3
  • T.C.A., § 5-1203.
§ 5-12-104. Budget committee.
  1. (a) A county budget committee is hereby created.
  2. (b)
    1. (1) Except as provided in subsection (e), the committee shall consist of five (5) members, one (1) of whom shall be the county mayor, and the other four (4) shall be appointed by the county mayor with the approval of the county governing body at its regular January session of each year or at any subsequent session.
    2. (2) The members of the committee need not be members of the county governing body.
    3. (3) The county mayor shall be the ex officio chair of the budget committee, and the director of accounts and budgets shall be the ex officio secretary of the budget committee.
  3. (c)
    1. (1) The county governing body may in its discretion allow members of the budget committee such compensation for their service as the commission may deem proper.
    2. (2) Any provision for compensation, as well as provision for printing, publicity, supplies and other necessary expenses of the budget committee, shall be payable from the county general fund and shall be included in the annual appropriations.
  4. (d) The budget committee shall perform all the duties respecting county budgets and appropriations now performed, or required to be performed, by the finance committee, tax levy committee or other committees of the county, and shall perform such other duties as provided in this part.
  5. (e) In any county having a population of not less than one hundred fifty-six thousand eight hundred (156,800) nor more than one hundred fifty-six thousand nine hundred (156,900), according to the 2010 federal census or any subsequent federal census, the committee shall consist of not more than nine (9) nor less than five (5) members, one (1) of whom shall be the county mayor. The other members shall be appointed by the county mayor with the approval of the county governing body at its regular January session of each year or at any subsequent session. The number of members shall be determined annually by the legislative body of the county.
History (5)
  • Acts 1957, ch. 291, § 4
  • impl. am. Acts 1978, ch. 934, §§ 16, 36
  • T.C.A., § 5-1204
  • Acts 2003, ch. 90, § 2
  • 2013, ch. 237, §§ 1, 2.
§ 5-12-105. Fiscal year — Timeline and budgetary process for LEA.
  1. (a) There is hereby created a fiscal year for the counties and for each office, department, institution, activity and agency thereof, which fiscal year shall begin on July 1 of each year and shall end on June 30 next following.
  2. (b) The fiscal year shall constitute the budget year, and the year for accounting and reporting of each and every fund, office, department, institution, activity and agency of the county government; but this subsection (b) shall be in addition to, and not in lieu of, any accounting and reporting now required of any official by general law.
  3. (c) If the county legislative body adopts a timeline and budgetary procedures for the county, then the estimates and budget proposals provided for in § 5-12-106 shall be filed in accordance with that timeline; provided, however, the timeline for the budget of the local education agency (LEA) shall be established by the county legislative body with the concurrence of the county board of education.
  4. (d) In the absence of a locally adopted schedule and procedures pursuant to subsection (c), the budgetary procedures for the county shall follow the following timeline:
    1. (1) No later than February 1, the director of accounts and budgets shall deliver forms for all budget requests to all departments, commissions, institutions, boards, offices, and agencies;
    2. (2) No later than March 1, all departments, commissions, institutions, boards, offices, and agencies except the local board of education shall deliver the appropriate estimates and budget request to the director of accounts and budgets;
    3. (3)
      1. (A) No later than April 1, the county budget committee shall vote upon the proposed budget and the director of accounts and budgets shall notify the department, commission, institution, board, office, or agency whether the county budget committee approves or rejects the proposed budget;
      2. (B) If approved, the director of accounts and budgets shall immediately forward the proposed budget to the county legislative body for consideration; or
      3. (C) If rejected, the department, commission, institution, board, office, or agency shall submit a revised budget proposal to the director of accounts and budgets within ten (10) business days after receipt of notice that the budget proposal was rejected.
    4. (4) No later than May 1, each LEA shall submit a proposed budget to the director of accounts and budgets; provided that, the LEA may amend the proposed budget after May 1;
    5. (5)
      1. (A) No later than June 1, the county budget committee shall vote upon the proposed budget and the director of accounts and budgets shall notify the LEA whether the county budget committee approves or rejects the LEA's proposed budget;
      2. (B) If approved, the director of accounts and budgets shall immediately forward the proposed budget to the county legislative body for consideration; or
      3. (C) If rejected, the LEA shall submit a revised budget proposal to the director of accounts and budgets within ten (10) business days after receipt of notice that the budget proposal was rejected;
    6. (6) If the county budget committee of the local governing body rejects the first and second budget proposals from any department, commission, institution, board, office, or agency, then the third and any subsequent proposals shall be delivered directly to the county legislative body which shall approve or reject the proposal within ten (10) business days of the body's receipt of the amended proposal; and
    7. (7) If rejected, the department, commission, institution, board, office, or agency shall submit a revised budget proposal to the county legislative body within ten (10) business days after receipt of notice that the budget proposal was rejected.
  5. (e) The timeline and budgetary process pursuant to this section may be waived or altered, if agreed upon by the county legislative body and the respective department, commission, institution, board, office, or agency.
Backlinks (6)
History (3)
  • Acts 1957, ch. 291, § 5
  • T.C.A., § 5-1205
  • Acts 2016, ch. 1080, § 4.
§ 5-12-106. Budget estimates.
  1. (a) The county highway commissioners or superintendent shall, in accordance with a timeline provided for in § 5-12-105, file with the director of accounts and budgets an itemized statement of the funds estimated to be required for the county road program for the ensuing fiscal year and for the construction, operation, repair and maintenance of the county road system and for the general administration of the highway department, together with an estimate of the highway and road funds expected to be received during such fiscal year.
  2. (b) The county board of education, after preparing its annual budget as now provided by law, shall file such budget with the director of accounts and budgets for inclusion in the complete budget document to be presented to the budget committee.
  3. (c) The county mayor, in accordance with a timeline provided for in § 5-12-105, shall file with the director of accounts and budgets an itemized statement of the amounts that the county mayor estimates are necessary to be expended from the county general fund, the debt service funds and from all other funds, excluding highway funds, school funds, and funds derived from the sale of bonds, together with an estimate of the revenue to be received during the next fiscal year.
  4. (d) Each of the other operating departments, institutions, offices and agencies shall file with the director of accounts and budgets in accordance with a timeline provided for in § 5-12-105 a detailed estimate of its requirements for expenditures from the county's funds for the ensuing fiscal year, together with an estimate of any county revenues to be received by such agency, office or department.
  5. (e) The director of accounts and budgets shall file a consolidated budget document with the budget committee showing an itemized statement of the amounts estimated by the various departments and officials to be required for the efficient operation of the county government from the county general fund, the debt service funds, highway funds, school funds and all other funds, together with an estimate of the revenues estimated to be received by each of the funds during the next fiscal year and an estimate of the unencumbered cash balance of each of the funds at the beginning of the fiscal year.
  6. (f) It is the duty of each official, office, department, institution, agent or employee of the county government to furnish in writing such information, in such form and at such time, as may be requested by the budget committee.
Backlinks (1)
History (5)
  • Acts 1957, ch. 291, § 6
  • impl. am. Acts 1978, ch. 934, §§ 16, 36
  • T.C.A., § 5-1206
  • Acts 2003, ch. 90, § 2
  • 2016, ch. 1080, §§ 5, 6.
§ 5-12-107. Committee action on budget.
  1. (a)
    1. (1) In accordance with a timeline provided for in § 5-12-105, the budget committee shall review and adopt the annual budget.
    2. (2) The budget shall contain an itemized and classified plan of all proposed expenditures and estimated receipts for the ensuing fiscal year, and shall conform to the uniform classification of accounts established by the director of accounts and budgets.
    3. (3) The classification of accounts must be first approved by the comptroller of the treasury.
    4. (4) It is expressly provided that the classification of expenditures and receipts of any and all county school funds for any purpose, administered by the county board of education and the county director of schools shall conform in all respects to the classification of accounts as prescribed by the commissioner of education.
  2. (b) Opposite each item of estimated revenue, the budget document shall show in opposite parallel columns the amount actually collected for the last completed fiscal year, a revised estimated amount for the current fiscal year, and the estimate for the ensuing fiscal year.
  3. (c) Likewise, opposite each item of proposed expenditure, the budget document shall show the amount actually expended for such item during the last completed year, the probable amount that will be spent during the current fiscal year and the proposed appropriations or expenditure estimate for the ensuing fiscal year.
  4. (d) In preparing the budget, the budget committee may revise, as it deems necessary, the estimates or requests made by the various departments, officials, offices, institutions and agencies of the county, but any county official or employee shall be entitled to a hearing before the budget committee with reference to any contemplated changes in the county official's or employee's budget requests or estimates.
  5. (e) The budget committee shall certainly and fully provide in the budget for all requirements for debt service, interest and bond maturities and for any cash deficit in any fund at the beginning of the fiscal year, and shall propose a tentative tax rate for the current calendar year.
History (4)
  • Acts 1957, ch. 291, § 7
  • 1961, ch. 277, § 1
  • T.C.A., § 5-1207
  • Acts 2016, ch. 1080, § 7.
§ 5-12-108. Budget proposal — Public comment — Committee revisions.
  1. (a)
    1. (1)
      1. (A) At least ten (10) days before the budget committee conducts a public hearing as provided in subdivision (a)(3), the budget committee shall cause the proposed annual operating budget to be published in a newspaper of general circulation.
      2. (B) This budget shall contain a budgetary comparison for the following governmental funds:
        1. (i) General;
        2. (ii) Highway/public works;
        3. (iii) General purpose school fund; and
        4. (iv) Debt service
        5. that shall include comparisons of the proposed budget with the current year and the prior year.
      3. (C) The budgetary comparisons shall be by individual fund and shall summarize revenues by local taxes, state of Tennessee, federal government and other sources. Expenditures shall be summarized by salaries and other costs. The budgetary comparison shall also present beginning and ending fund balances and the number of employee positions.
    2. (2) The publication shall also contain a notice of a public hearing to be conducted by the budget committee at which any citizen of the county shall have the right to appear and state such citizen's views on the budget.
    3. (3) Such public hearing shall be held by the budget committee not later than ten (10) days prior to the beginning of the fiscal year.
  2. (b) Following such public hearing, the budget committee shall make the final revision of the budget document and prepare copies for presentation to the county governing body.
History (4)
  • Acts 1957, ch. 291, § 8
  • 1967, ch. 390, § 1
  • T.C.A., § 5-1208
  • Acts 1991, ch. 484, § 5.
§ 5-12-109. County governing body action on budget.
  1. (a)
    1. (1) The budget committee shall present the budget to the county governing body in accordance with a timeline provided for in § 5-12-105.
    2. (2) The proposed budget shall be accompanied by a budget message explaining the financial program and outlining the services, work and activities to be financed by the proposed budget and a brief discussion of the means proposed for financing the expenditure program set forth in the budget.
    3. (3) With the proposed budget, the budget committee shall deliver to the county governing body a budget appropriation resolution and a tax levy resolution.
  2. (b)
    1. (1) The county legislative body may alter or revise the proposed budget except as to provision for debt service requirements and for other expenditures required by law.
    2. (2) In the event that the local fiscal body has not adopted a budget by July 1 of any year, and until a final operating budget is adopted, the operating budget for the year just ended and the appropriation resolution for the year shall continue in effect by operation of law without further action of the county legislative body; provided, however, all agencies of the county and other entities receiving appropriated county funds shall not during any month encumber funds in excess of the allotment for a comparable month of the preceding fiscal year, unless specifically authorized to do so by resolution of the county legislative body. The authorizing resolution must identify a corresponding funding source equal to the amount of excess allotment authorized. The excess allotments so authorized shall become a part of the final operating budget. During the time that the continuation operating budget is in effect, the budget may be amended according to the procedures for amending a final operating budget, and amendments shall be made as necessary to provide for debt obligations and court-ordered expenditures.
    3. (3) The continuing budget authorized by this subsection (b) may continue in effect for the months of July and August and, upon approval from the comptroller of the treasury or the comptroller's designee after a showing of extraordinary circumstances, may continue for the month of September; provided, however, no such continuation budget may extend beyond September 30 of any fiscal year. The county shall submit justification for extending the continuing budget through the month of September to the comptroller of the treasury or the comptroller's designee for approval by August 15. The comptroller of the treasury or the comptroller's designee may request any additional information as may be required to properly review the continuing budget extension request. The comptroller of the treasury or the comptroller's designee shall report the comptroller's approval or disapproval to the county legislative body within seven (7) business days, after receipt of the request and any requested supplemental documentation, upon which the county legislative body may take action to extend the continuing budget for the month of September. The fact that the county is operating under a continuation budget shall not, by itself, be grounds for disapproval of a tax and revenue anticipation note or other comparable financing.
  3. (c) If the county legislative body and the county school board fail to agree upon a budget for the county department of education by August 31 of any year, then, by operation of law, the budget for the county department of education shall be equal to the minimum budget required to comply with the local match and maintenance of effort provisions of the TISA. However, if for three (3) consecutive years, the county legislative body and school board fail to agree upon a budget and the department of education receives the minimum required funding for that fiscal year by operation of law, then, the budget in the third year shall include a mandatory increase that is equivalent to three percent (3%) of the required funding from local sources for schools; provided, however, this increase shall not be required if during any of those three (3) years the school board failed to submit its budget proposals in accordance with a timeline provided for in § 5-12-105.
  4. (d) The budget, the appropriation resolution, and the tax levy resolution, as adopted, shall be spread upon the minutes of the county governing body.
History (5)
  • Acts 1957, ch. 291, § 9
  • T.C.A., § 5-1209
  • Acts 2015, ch. 170, § 2
  • 2016, ch. 1080, §§  8, 9
  • 2022, ch. 966, § 88.
§ 5-12-110. Expenditures — Limitations and restrictions — Disbursement warrants.
  1. (a) The appropriations made in the appropriation resolution, or any amendment thereto, shall constitute the limit to expenditures for the various purposes and from the several funds of such county for the fiscal year covered by the resolution, and no expenditure shall be made or obligation created in excess of such limitation.
  2. (b) Any resolution presented to the county legislative body or other governing body in any fiscal year, after the original appropriation resolution has been adopted and the tax rate for the year fixed by that body, that provides for an appropriation in addition to those made in the original budget appropriation resolution, shall specifically provide sufficient revenue or other funds to meet expenditures to be made in consequence of such additional appropriation.
  3. (c) If at any time during the fiscal year it shall become apparent that the revenues of any of the county's funds, together with its unencumbered cash balance at the beginning of such year, will not be sufficient to equal the amount of the original appropriations, it shall be the duty of the director of accounts and budgets and the county mayor to impound the appropriations from such fund in such amount as shall appear necessary, subject to the written approval of the budget committee.
  4. (d)
    1. (1) The appropriations made by the county legislative body or other governing body, as provided in subsections (a) through (c), shall constitute authorization for expenditures; and expenditures may be made and obligations created against any appropriation to an aggregate total of the amount appropriated for such item.
    2. (2) However, the expenditures and encumbrances against the amounts appropriated shall be made only in consequence of an order issued by the purchasing agent and subsequent approval of the invoice by the director of accounts and budgets; except that payrolls and bills for telephones, water, gas, electric and other utility services shall first be checked and approved for payment by the various departments or otherwise as provided by law, and county obligations imposed by law shall be approved by the proper authority before being submitted to the director of accounts and budgets for payment.
    3. (3) No expenditures made or obligations created in any manner other than so specified or authorized in this part shall be valid or binding against the county; provided, that the purchasing commission may issue such regulations as it deems necessary for the prompt handling of bona fide emergencies.
  5. (e) Accounts and other obligations of the county department of education, other than payrolls, after preaudit by the director of accounts and budgets, shall be paid by disbursement warrants drawn on the county trustee by the county board of education, but copies of all disbursement warrants issued by the board of education, showing the accounting classification chargeable, shall be furnished by the board of education to the director of accounts and budgets daily as issued. In lieu of such requirement, such disbursement warrants may be prepared in the office of the director of accounts and budgets for the county board of education.
  6. (f)
    1. (1) Expenditures from all other funds of the county, except school funds, shall be made by disbursement warrants on the county trustee signed by the county mayor and the director of accounts and budgets, and no other official, department, institution or agency of the county shall issue negotiable warrants or vouchers for such expenditures.
    2. (2) Before any disbursement warrant shall be issued in discharge of any obligation, a detailed invoice or statement thereof shall be filed with the director of accounts and budgets, and it shall be the director's duty to carefully check all such invoices to determine if they are correct, if the goods or services have been received or rendered as stated, and if the obligation is just, authorized or legally binding on the county.
  7. (g) Bills and accounts incurred in accordance with authorized appropriations shall be paid promptly in order that the county may obtain the benefit of cash discounts; and for this purpose, it shall not be necessary for any such bill or account to be filed and recorded by the county clerk or to be approved before payment by the county legislative body or by any committee or commission appointed by it.
History (4)
  • Acts 1957, ch. 291, § 10
  • impl. am. Acts 1978, ch. 934, §§ 7, 16, 22, 36
  • T.C.A., § 5-1210
  • Acts 2003, ch. 90, § 2.
§ 5-12-111. Monthly report of director.
  1. (a) The director of accounts and budgets shall make a report at the end of each month showing the condition of the budget.
  2. (b)
    1. (1) The report shall show for each item of appropriation, or allotment of each item of appropriation, or both, the total expenditures for the month and the year to date, the amount of outstanding encumbrances and the amount of the unencumbered balance.
    2. (2) The report shall also show for each fund an itemized statement of the revenues and receipts estimated for the year, the amount of the collections of each item for the month and the year to date and the unrealized portion of the estimate.
    3. (3) In a parallel column shall be shown the amount of each item or revenue during the comparable elapsed period of the preceding fiscal year.
  3. (c)
    1. (1) The most recent of such reports shall be presented by the county mayor at each regular session of the county legislative body or other governing body.
    2. (2) At such time, the county mayor shall advise the county governing body of the condition of the budget, and of any adjustment or reduction of appropriations that should be made, and shall recommend any other action that, in the county mayor's opinion, the county governing body should take in order that the budget shall be kept in balance.
History (4)
  • Acts 1957, ch. 291, § 11
  • impl. am. Acts 1978, ch. 934, §§ 7, 16, 36
  • T.C.A., § 5-1211
  • Acts 2003, ch. 90, § 2.
§ 5-12-112. Violations — Penalties.
  1. Any official or employee of the county, or of any institution or agency thereof, who fails or refuses to perform the duties required of that official or employee by this part, or who fails or refuses otherwise to conform to this part, commits a Class C misdemeanor and is subject to removal from that official's or employee's position.
History (3)
  • Acts 1957, ch. 291, § 12
  • T.C.A., § 5-1212
  • Acts 1989, ch. 591, § 113.
§ 5-12-113. Application to schools, etc.
  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.
History (2)
  • Acts 1957, ch. 291, § 12a
  • T.C.A., § 5-1213.
§ 5-12-114. Construction of part.
  1. (a) It is not the intent of this part to repeal or supersede any private or local law concerning budgeting systems.
  2. (b) This part is not exclusive and shall not prevent the adoption of amendments to existing special or local laws pertaining to county budgeting systems, or the enactment of special or local budgeting systems.
History (2)
  • Acts 1957, ch. 291, § 13
  • T.C.A., § 5-1214.
Part 2 Local Option Budgeting Law of 1993
§ 5-12-201. Short title — Applicability.
  1. This part shall be known and may be cited as the “Local Option Budgeting Law of 1993” and applies only to any county having adopted its provisions by approval by a two-thirds (⅔) vote of the county legislative body.
History (1)
  • Acts 1993, ch. 431, § 1.
§ 5-12-202. Part definitions.
  1. As used in this part, unless the context otherwise requires:
    1. (1) “Budget committee” refers only to a budget committee created by law, such as being created according to the County Financial Management System of 1981, compiled in chapter 21 of this title, the County Budgeting Law of 1957, compiled in part 1 of this chapter, or similar provision, or created by private act;
    2. (2) “Chief administrative officer of the county highway department” means the officer or entity having the general control and authority over the county highway department in accordance with § 54-7-109;
    3. (3) “County mayor or budget committee,” in counties not having a budget committee as referred to in subdivision (1), means the county mayor; and
    4. (4) “Long-term debt” means debt payable after June 30 of the fiscal year, for which the budget is applicable.
History (2)
  • Acts 1993, ch. 431, § 2
  • 2003, ch. 90, § 2.
§ 5-12-203. Applicability.
  1. This part applies to each department, office or agency funded, in whole or in part, from county appropriations. Nevertheless, with regard to entities receiving county funds pursuant to § 5-9-109, only the requested county appropriation and expenditures of county funds shall be included within this part.
History (1)
  • Acts 1993, ch. 431, § 3.
§ 5-12-204. Duties of comptroller of the treasury or the comptroller's designee not precluded.
  1. Nothing in this part shall be construed as precluding the duties of the comptroller of the treasury or the comptroller's designee pursuant to §§ 9-11-116 and 9-21-403.
History (2)
  • Acts 1993, ch. 431, § 4
  • 2010, ch. 868, § 12.
§ 5-12-205. Conflicts with other laws.
  1. If a county included in this part has adopted the County Financial Management System of 1981, compiled in chapter 21 of this title, the County Budgeting Law of 1957, compiled in part 1 of this chapter, or private acts, and such county does not revoke or repeal such act, in the event of a conflict between this part and such acts, this part shall not supersede those acts, except that § 5-12-210 shall supersede any other law.
History (1)
  • Acts 1993, ch. 431, § 5.
§ 5-12-206. Forms on which to submit a proposed budget.
  1. The county mayor of each county shall furnish to the head of each department, office or agency covered by this part, on or before February 1 of each year, budget forms on which to submit a proposed budget. Such forms shall contain the minimum requirements prescribed by the comptroller of the treasury, and shall include space for additional information desired by the county mayor and such additional information desired by the budget committee in counties having a budget committee.
History (2)
  • Acts 1993, ch. 431, § 6
  • 2003, ch. 90, § 2.
§ 5-12-207. County mayor to furnish an estimate of revenue.
  1. The county mayor shall furnish to the director of schools and to the chief administrative officer of the county highway department an estimate of the amount of revenue to be generated by one cent (1¢) of the county property tax for each taxing jurisdiction for the ensuing fiscal year and a form tax rate resolution on or before March 15 of each year. The assessor of property shall furnish such assessor's best estimate of the actual assessed value of all taxable property within the county for the ensuing year to the county mayor before March 15 of each year.
History (2)
  • Acts 1993, ch. 431, § 7
  • 2003, ch. 90, § 2.
§ 5-12-208. Each department head to provide proposed budget document.
  1. (a) The head of each department, office or agency covered by this part shall provide the county mayor or, if a director of accounts and budgets, director of finance, or similar person is provided by law, then to such official, with a proposed budget document on the budget forms on or before March 1 of each year.
  2. (b) The director of schools and the chief administrative officer of the county highway department shall file, with the proposed budget, a proposed tax rate on the tax rate resolution form necessary to fund the requested budget of the department. The proposed budget submitted by these officials shall include estimated total revenues and other resources sufficient to fund the total proposed appropriations. Appropriations shall be included in an amount sufficient to fund the annual county debt service requirements.
  3. (c) The county mayor or budget committee shall allow any department, office, or agency to alter or amend the submitted budget at any time prior to when the proposed budget is submitted to the county legislative body. The county mayor or budget committee may allow submission of amendments after the budget is submitted to the county legislative body, but not later than the adoption of the budget.
Backlinks (1)
History (3)
  • Acts 1993, ch. 431, § 8
  • 2003, ch. 90, § 2
  • 2016, ch. 1080, §§ 10, 11.
§ 5-12-209. Review of proposed budgets — Presentation to county legislative body.
  1. (a) On or before June 1 of each year, the county mayor or budget committee shall consolidate and review the various department, office and agency budgets, and other proposed appropriations, if any. Any change in the budget proposed by the county mayor or budget committee shall be reviewed by the county mayor or budget committee with the affected officer or department or agency head, and an attempt will be made to arrive at a mutually acceptable budget amount. If the county mayor or budget committee reaches agreement with the affected officers, department and agency heads, then this change shall be reflected in the consolidated budget and accompanying property tax rate resolution and appropriation resolution, which shall be presented to the county legislative body. If the county mayor or budget committee cannot reach agreement with any affected officer or department or agency head concerning the budget of the office, department or agency, then the consolidated budget shall be presented to the county legislative body with the original proposed budget for the office, department or agency affected, and the county mayor or budget committee shall submit the proposed budget changes in a separate accompanying document, or as an additional column of information in the consolidated budget, and shall also submit this with a property tax rate resolution and appropriation resolution. The county mayor or budget committee shall outline the proposed changes to the consolidated budget and shall state the reasons for the proposed changes in a budget message to the county legislative body.
  2. (b) The county mayor or budget committee may propose changes to the consolidated budget, the property tax rate resolution and appropriation resolution until the same are approved by the county legislative body, or until July 15, whichever occurs first.
History (2)
  • Acts 1993, ch. 431, § 9
  • 2003, ch. 90, § 2.
§ 5-12-210. Adoption of budget, tax rate and appropriation resolution.
  1. (a) The county legislative body shall each year adopt a budget, tax rate and appropriation resolution on or before twelve o'clock (12:00) midnight of the earlier of the date provided in any private act, or applicable under the County Financial Management System of 1981, compiled in chapter 21 of this title; or applicable under the County Budgeting Law of 1957, compiled in part 1 of this chapter; or July 31, for the fiscal year beginning on the first day of such July. Nevertheless, if the budget, tax rate and appropriation resolution are not adopted by the county legislative body on or before twelve o'clock (12:00) midnight on June 30 for the ensuing fiscal year, all departments and offices of the county may make expenditures according to the budget of that department or office as adopted for the preceding fiscal year, except that such departments and offices are limited to expenditures and obligations based on a monthly allotment from the preceding fiscal year's budget.
  2. (b)
    1. (1) If the county legislative body and the county school board fail to agree upon a budget for the county department of education by August 31 of any year, then, by operation of law, the budget for the county department of education shall be equal to the minimum budget required to comply with the local match and maintenance of effort provisions of the TISA. However, if for three (3) consecutive years, the county legislative body and school board fail to agree upon a budget and the department of education receives the minimum required funding for that fiscal year by operation of law, then, the budget in the third year shall include a mandatory increase that is equivalent to three percent (3%) of the required funding from local sources for schools; provided, however, this increase shall not be required if during any of those three (3) years the school board failed to submit its budget proposals in accordance with a timeline provided for in § 5-12-208.
    2. (2) If the county legislative body fails to adopt a budget, property tax resolution, and appropriation resolution by August 31 of any year, then by operation of law, the operating budget for the ensuing fiscal year, other than the portion for the county department of education, shall be the consolidated budget with proposed amendments submitted by the county mayor or the budget committee.
  3. (c) All budget proposals, including the consolidated budget proposal submitted by the county mayor or budget committee and the budget as finally adopted, shall establish the number and salaries of all full-time personnel authorized therein.
  4. (d) The budget as adopted shall be balanced as to all funds.
  5. (e) The setting of the tax rate, by approval of the county legislative body, by operation of law, or otherwise according to law, constitutes a valid tax levy for collection purposes in accordance with this part.
  6. (f) The board of education, through its designated representative, has the right to address the county legislative body in regard to the board's budget and tax rate proposals.
Backlinks (1)
History (5)
  • Acts 1993, ch. 431, § 10
  • 1996, ch. 697, § 1
  • 2003, ch. 90, § 2
  • 2016, ch. 1080, § 12
  • 2022, ch. 966, § 89.
§ 5-12-211. Right to petition for additional deputies and assistants not precluded.
  1. The budget shall have attached to it any court order or letter of agreement setting forth the number of authorized deputies and assistants pursuant to title 8, chapter 20, for the trustee, clerks of courts, register of deeds, county clerk and sheriff. Nothing in this part precludes the trustee, clerks of courts, register of deeds or county clerk from the right to petition the appropriate court for necessary deputies and assistants pursuant to title 8, chapter 20, nor is the right of the sheriff, as provided in § 8-20-120, precluded by this part.
Backlinks (2)
History (1)
  • Acts 1993, ch. 431, § 11.
§ 5-12-212. Requests for budget amendment — Approval.
  1. When the budget has been adopted, whether by action of the county legislative body or by operation of law, any budget amendment requested by any department to appropriate local, state or federal revenues, received in excess of the estimates used to adopt the budget, may be approved by a majority vote of the county legislative body. Notwithstanding, any department requesting such approval shall give written notice to the county mayor at least seven (7) calendar days prior to consideration of the request by the county legislative body. Other amendments shall be approved as provided in § 5-12-213.
History (3)
  • Acts 1993, ch. 431, § 12
  • 1994, ch. 656, § 1
  • 2003, ch. 90, § 2.
§ 5-12-213. Who may make amendments to the budget — Compliance with court orders.
  1. (a)
    1. (1) Amendments to line items within a major category of the budget may be made by the official or department head of the office or department whose budget is to be amended, including those county officials named in § 5-12-211, and by the assessor of property, upon written notice to the county mayor and the county legislative body. Any line item amendment that in any way affects amounts budgeted for personnel costs, however, shall require approval of the county mayor to be effective, or if the county mayor disapproves or fails to take action on the amendment within seven (7) calendar days after written submission of the amendment, the county legislative body may approve the amendment by a two-thirds (⅔) vote.
    2. (2) Amendments to line items within major categories of the budget for departments other than the school department, highway department, the officials named in § 5-12-211 or the assessor may be made with approval of the county mayor and a committee of the county legislative body specifically authorized by law or authorized by the county legislative body to approve such amendments. If no committee is created or the committee disapproves or fails to approve the requested line item amendment within twenty-one (21) days after written submission of the request to the chair of the committee, the amendment may be approved by the county legislative body. However, if amendments to the line items within major appropriation categories of the budget are not approved by the county mayor, or the county mayor fails to take action within seven (7) calendar days after written submission of the amendment to the county mayor, such amendment may be subsequently approved by a two-thirds (⅔) vote of the county legislative body.
    3. (3)
      1. (A) When the budget has been adopted, whether by action of the county legislative body or by operation of law, amendments to major categories of the budget may be made with the approval of the county mayor, or a committee appointed by the county mayor, and passage of the amendment by a majority vote of the county legislative body. If the county mayor, or the committee appointed by the mayor, does not approve the amendments to the major appropriation categories of the budget, or if the county mayor, or the committee appointed by the mayor, fails to take action on the amendment within seven (7) calendar days after written submission of the amendment to the county mayor, such amendment may be subsequently approved by a two-thirds (⅔) vote of the county legislative body. The amendments to major categories of the budget must be submitted in writing to the county mayor and the county legislative body and shall specify the following:
        1. (i) A description of the amendment, including the purpose of the amendment and why it is needed during the current fiscal year;
        2. (ii) A statement showing the cost of the amendment by budget line item with subclassifications showing specific cost elements (personnel, salaries, equipment, etc., included in the line item); and
        3. (iii) Funding sources for the expenditure itemized by federal sources, state sources, local sources or fund balance.
      2. (B) All requests for amendments to the county budget by a county department or other entity after the adoption of the budget by the county legislative body or by operation of law must be approved by a majority vote of the members appointed or elected to serve on the governing body of the department or entity seeking the amendment prior to being submitted to the county legislative body for consideration in accordance with this part.
  2. (b) All amendments to the budget of the school department shall first be approved by the county board of education, and all amendments to the budget of the county highway department shall first be approved by the chief administrative officer of the county highway department.
  3. (c) Notwithstanding, amendments shall be made to comply with any court order entered pursuant to title 8, chapter 20.
Backlinks (1)
History (5)
  • Acts 1993, ch. 431, § 13
  • 1994, ch. 656, §§ 2, 3
  • 2003, ch. 90, § 2
  • 2020, ch. 697, § 1
  • 2024, ch. 572, § 1.
§ 5-12-214. Approval of appropriation for capital expenditures to be financed by long-term debt.
  1. Any appropriation for capital expenditures to be financed by long-term debt shall not be expended or obligated until the issuance of the long-term debt has been approved by the county legislative body and the comptroller of the treasury or the comptroller's designee as required by law.
History (2)
  • Acts 1993, ch. 431, § 14
  • 2010, ch. 868, § 13.
§ 5-12-215. Impoundment power to prevent deficit operation — Override — Applicability.
  1. (a) If at any time the county mayor determines that the revenues or other resources are, with respect to any fund, less than was anticipated in the adopted budget, or if unanticipated expenditures arise that will likely create a budget deficit, the county mayor, upon certification to each member of the county legislative body, may impound such appropriation as may be necessary to prevent deficit operation. Such impoundment power may be overridden by a two-thirds (⅔) vote of the county legislative body, if the county legislative body makes such amendments at the same meeting to the budget as may be necessary to prevent deficit operation. Such necessary amendment requires a majority vote of the county legislative body. Notwithstanding this section, there shall be no impoundment of funds previously appropriated to the trustee, clerks of courts, register of deeds, county clerk, assessor of property or sheriff.
  2. (b) This section is inapplicable to counties having impoundment provisions under other provisions of law.
History (2)
  • Acts 1993, ch. 431, § 15
  • 2003, ch. 90, § 2.
§ 5-12-216. Modification of dates.
  1. If good cause is shown, such as, but not limited to, a reappraisal of property within the county, the comptroller of the treasury may, notwithstanding any law to the contrary, modify any dates required under this part in a particular county.
History (1)
  • Acts 1993, ch. 431, § 16.
§ 5-12-217. Creation of a revenue fluctuation major category.
  1. The county legislative body may, in its discretion and with the approval of the county mayor, county board of education, or chief administrative officer of the county highway department whose budget is affected, create a reservation of fund balance for such revenue fluctuations for any fund or funds. Such reservation of revenue fluctuations shall be available to fund shortfalls in revenue or to meet unforeseen increases in operating expenses, or both.
History (3)
  • Acts 1993, ch. 431, § 17
  • 1994, ch. 656, § 4
  • 2003, ch. 90, § 2.
Chapter 13 County Fiscal Procedure Law of 1957
§ 5-13-101. Short title.
  1. This chapter shall be known as the “County Fiscal Procedure Law of 1957.”
History (2)
  • Acts 1957, ch. 313, § 1
  • T.C.A., § 5-1301.
§ 5-13-102. Local approval.
  1. (a) This chapter shall be local in effect and shall become effective in a particular county upon the contingency of a two-thirds (⅔) 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. (b)
    1. (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. (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. (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 Fiscal Procedure Law of 1957” and “Against the County Fiscal Procedure Law of 1957.”
History (4)
  • Acts 1957, ch. 313, § 2
  • impl. am. Acts 1972, ch. 740, § 7
  • impl. am. Acts 1978, ch. 934, §§ 7, 36
  • T.C.A., § 5-1302.
§ 5-13-103. Director of accounts and budgets — Appointment — Compensation — Staff.
  1. (a) 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 director of accounts and budgets who shall be a county employee.
  2. (b) The director of accounts and budgets shall be qualified by training and experience in the field of accounting to perform the director's duties in a proficient manner and in accordance with generally recognized principles of governmental accounting.
  3. (c)
    1. (1) Before assuming the director's duties the director 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. (2) The bond must be prepared, executed, filed, and recorded in accordance with title 8, chapter 19.
    3. (3) The premium for such bond shall be paid from the county general fund.
  4. (d)
    1. (1) The compensation of the director, 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 of the county.
    2. (2) The amount of such compensation, the compensation of such stenographers, typists or assistants as the director may need, and the other necessary expenses of the director's office shall be provided for by annual appropriation from the county general fund.
  5. (e) The director has the power, in accordance with such regulations as may be established from time to time by the county mayor, to appoint and remove the director's assistants, to prescribe their duties, and to fix their salaries within the limits of the annual appropriation.
  6. (f)
    1. (1) In any county having a population of not less than thirty-eight thousand six hundred (38,600) nor more than thirty-eight thousand seven hundred (38,700), according to the 1970 federal census or any subsequent federal census, the director shall not be terminated or discharged without the approval of the county legislative body.
  7. (2) This subsection (f) shall not apply in any county that has a metropolitan form of government.
History (8)
  • Acts 1957, ch. 313, § 3
  • impl. am. Acts 1978, ch. 934, §§ 7, 16, 36
  • Acts 1979, ch. 101, § 1
  • T.C.A., § 5-1303
  • Acts 1998, ch. 677, § 3
  • 2003, ch. 90, § 2
  • 2013, ch. 315, §§ 11, 12
  • 2023, ch. 207, § 2.
§ 5-13-104. Fiscal procedure system.
  1. (a) There shall be set up and maintained in the office of the director of accounts and budgets a system of fiscal procedure, control and centralized accounting, set out and described in this section, which shall be under the administrative control and direction of the director; but such system shall be conducted in full accordance with the general law of this state respecting the duties and responsibilities of the county mayor as fiscal agent of the county.
  2. (b) The system of fiscal procedure, control and accounting provided for in this section shall conform to generally accepted principles of governmental accounting and shall be in substantial agreement with the recommendations of the national committee on governmental accounting.
  3. (c) The system shall include such records and procedures as may be required to accurately reflect the assets, liabilities, income and expenditures of each fund of the county, together with such records, accounts and files as are necessary to record and control:
    1. (1) The transactions relating to county revenues, and the revenues for each of its several funds;
    2. (2) The transactions relating to the adopted budget and appropriations, including the expenditures and encumbrances against each item of appropriations;
    3. (3) The transactions relating to the bonded debt; and
    4. (4) Such other records as may be necessary to facilitate the operation of the adopted budget and the proper accounting for each item of county expenditure.
Backlinks (1)
History (4)
  • Acts 1957, ch. 313, § 4
  • impl. am. Acts 1978, ch. 934, §§ 16, 36
  • T.C.A., § 5-1304
  • Acts 2003, ch. 90, § 2.
§ 5-13-105. Director of accounts and budgets — Accounting duties generally.
  1. (a) It is the duty of the director of accounts and budgets to:
    1. (1) Post and otherwise keep the records of the central accounting system;
    2. (2) Verify all bills, invoices, payrolls and claims against the county before payment; and
    3. (3) Check the settlements and reports of the various officials and department heads of the county government.
  2. (b)
    1. (1) The director shall also, after careful preaudit of invoices, bills and claims against the county or any of its funds, prepare disbursement warrants on all county funds.
    2. (2) It is the duty of such director to sign all county disbursement warrants as evidence of such director's audit and approval of the expenditure made thereby, but no disbursement warrant drawn on the county trustee shall become a county liability payable by the county trustee until such warrant shall also have been signed by the county mayor, county director of schools, or other official or officials whose signatures are required on such warrants.
  3. (c)
    1. (1) The director shall install, with the approval of the comptroller of the treasury, a uniform classification of accounts, including a classification of revenues and expenditures, to be used in accounting, budgeting and financial reporting respecting all county funds, offices, agencies and activities of the county governments, with the exception of school funds administered by the county board of education and the county director of schools, and shall prescribe the forms to be used by each official and employee of the county in connection therewith.
    2. (2) The classification of expenditures and receipts of county school funds shall conform to the classification of accounts as prescribed by the commissioner of education.
  4. (d)
    1. (1) The director shall set up and maintain a double entry system of accounting for recording the transactions of all of the county's funds, including both proprietary and budgetary accounts, in conformity with the requirements set out in § 5-13-104.
    2. (2) The accounts shall be kept on the modified cash basis.
  5. (e)
    1. (1) The director shall set up the necessary accounts to properly record the annual budget and each appropriation made by the county legislative body.
    2. (2) All encumbrances, expenditures or other charges against any item of the budget shall be promptly recorded in order that the unencumbered balance of each item of the budget shall be readily ascertainable at all times.
  6. (f)
    1. (1) At the end of each month, the director shall prepare a comprehensive report of all revenues and expenditures of the county and of each of its several funds, departments, offices, agencies and activities, all encumbrances against the several appropriations, and the condition of each item of appropriation in the annual budget.
    2. (2) The most recent of such reports shall be presented to the county legislative body at each quarterly meeting and copies of such reports shall be furnished the members thereof.
  7. (g)
    1. (1) The director shall preaudit all payrolls of the county before payment and shall maintain complete earnings records of each employee of the county.
    2. (2) The director and the county mayor are hereby authorized to maintain a special county payroll account at a local bank at the county seat, in which disbursement warrants for the total of each payroll may be deposited and against which individual net earning checks may be issued to each of the county employees.
    3. (3) The county mayor may authorize the issuance of such payroll checks on the signature of the director, and in such event the depository bank shall be so instructed.
History (5)
  • Acts 1957, ch. 313, § 5
  • 1961, ch. 276, § 1
  • impl. am. Acts 1978, ch. 934, §§ 7, 16, 36
  • T.C.A., § 5-1305
  • Acts 2003, ch. 90, § 2.
§ 5-13-106. Receipt of funds.
  1. Excepting taxes such as the county trustee is authorized to collect, the payment of all moneys to the county trustee by any collectors authorized by statute, or by anyone on account due the county, shall be made only by issuance of a receivable warrant signed by the county mayor instructing the trustee to receive the amount named, for which the trustee shall issue a receipt, a duplicate of which shall be delivered to the director of accounts and budgets to be used by the director in posting the accounting records.
History (4)
  • Acts 1957, ch. 313, § 6
  • impl. am. Acts 1978, ch. 934, §§ 16, 36
  • T.C.A., § 5-1306
  • Acts 2003, ch. 90, § 2.
§ 5-13-107. Disbursement of funds.
  1. (a) Before any obligation against the county shall be paid or any disbursement warrant or voucher issued therefor, a detailed invoice or statement approved by the head of the office, department or agency for which the obligation was made shall be filed with the director of accounts and budgets.
  2. (b) The director shall make a careful preaudit of such invoice or statement, including a comparison with any encumbrance document previously posted or filed authorizing such obligation, and shall approve for payment only such items as appear to be correct, properly authorized, and not exceeding the otherwise unencumbered balance of the allotments or appropriations against which they are chargeable.
  3. (c) Disbursement warrants shall be promptly prepared for all such approved items by the director and mailed or delivered to the payees thereof.
  4. (d) A duplicate copy of all disbursement warrants, with all original invoices or other supporting documents, or both, attached to the duplicate copies, shall be kept on file in the office of the director.
History (2)
  • Acts 1957, ch. 313, § 7
  • T.C.A., § 5-1307.
§ 5-13-108. Agency reports and information.
  1. (a) Each official, office, department, institution, agency, board, committee, commission or employee of the county shall furnish such information and make such reports as may be required to properly maintain the central accounting system and fiscal procedures herein authorized and prescribed, and such information and reports shall be furnished at such times and in such form as may be prescribed by the director of accounts and budgets.
  2. (b) The records of all county offices, departments and agencies shall be made available by their respective officials or employees for examination at all reasonable hours by the director.
History (2)
  • Acts 1957, ch. 313, § 8
  • T.C.A., § 5-1308.
§ 5-13-109. Violations — Penalties.
  1. Any official named in this chapter, or any other official, agent or employee of the county who fails or refuses to perform the duties required of that official, agent or employee under this chapter, or who otherwise fails or refuses to conform to this chapter, commits a Class C misdemeanor and is subject to removal from office.
History (3)
  • Acts 1957, ch. 313, § 9
  • T.C.A., § 5-1309
  • Acts 1989, ch. 591, § 113.
§ 5-13-110. Application to schools, etc.
  1. This chapter 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.
History (2)
  • Acts 1957, ch. 313, § 9A
  • T.C.A., § 5-1310.
§ 5-13-111. Construction of chapter.
  1. This chapter is not exclusive and shall not prevent the adoption of amendments to existing special or local laws pertaining to fiscal procedure, control and accounting, or the enactment of special or local acts creating central accounting systems, fiscal procedures, and offices of director of accounts and budgets.
History (2)
  • Acts 1957, ch. 313, § 10
  • T.C.A., § 5-1311.
Chapter 14 County Purchasing
Part 1 County Purchasing Law of 1957
§ 5-14-101. Short title.
  1. This part shall be known and may be cited as the “County Purchasing Law of 1957.”
History (2)
  • Acts 1957, ch. 312, § 1
  • T.C.A., § 5-1401.
§ 5-14-102. Local approval.
  1. (a) This part shall be local in effect and shall become effective in a particular county upon the contingency of a two-thirds (⅔) 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. (b)
    1. (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. (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. (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.”
History (4)
  • 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. (a) 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. (b) 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. (c)
    1. (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. (2) The bond must be prepared, executed, filed, and recorded in accordance with title 8, chapter 19.
    3. (3) The premium for such bond shall be paid from the county general fund.
  4. (d) 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. (e) 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.
History (7)
  • 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
  • 2023, ch. 207, § 3.
§ 5-14-104. Purchasing agent — Office.
  1. (a) 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. (b) Such office shall be open for business during the usual hours observed by other officials of the county government.
History (2)
  • Acts 1957, ch. 312, § 14
  • T.C.A., § 5-1404.
§ 5-14-105. Purchasing agent — Powers and duties.
  1. The county purchasing agent has exclusive power and it is the purchasing agent's duty to:
    1. (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. (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. (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. (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.
History (2)
  • Acts 1957, ch. 312, § 4
  • T.C.A., § 5-1405.
§ 5-14-106. County purchasing commission.
  1. (a) A county purchasing commission is hereby created.
  2. (b)
    1. (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. (2) The members of the commission need not be members of the county governing body.
  3. (c) 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. (d) 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.
History (4)
  • Acts 1957, ch. 312, § 5
  • impl. am. Acts 1978, ch. 934, §§ 16, 36
  • T.C.A., § 5-1406
  • Acts 2003, ch. 90, § 2.
§ 5-14-107. Rules and regulations.
  1. 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. (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. (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. (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. (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. (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. (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. (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. (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. (9) Providing for all other such matters as may be necessary to give effect to the foregoing rules and to this part; and
    10. (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.
History (3)
  • Acts 1957, ch. 312, § 4
  • T.C.A., § 5-1405
  • Acts 1984, ch. 647, § 1.
§ 5-14-108. Disposal of obsolete or unusable county property — Bidding, auctions.
  1. (a)
    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. (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. (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. (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. (b) 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. (c)
    1. (1) If the amount of the expenditure or sale is estimated to exceed the maximum applicable thresholds established pursuant to § 12-3-1212, the county legislative body shall solicit sealed bids.
    2. (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. (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. (4) The county purchasing agent shall also, when deemed necessary or desirable, solicit sealed bids by sending requests by mail to prospective suppliers.
    5. (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. (d)
    1. (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. (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. (3) All sales by the purchasing agent shall be made to the highest responsible bidder.
  5. (e) 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. (f) 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. (g) 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. (h) 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. (i) 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. (j) 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. (k) 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. (l) 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. (m)
    1. (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. (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. (n)
    1. (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. (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. (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. (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. (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 (⅔) vote of the county legislative body of any county to which it may apply.
  15. (o)
    1. (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. (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. (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. (4) Notwithstanding any other law, a procedure may be established upon approval by resolution or ordinance, by a two-thirds (⅔) 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. (p) 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 (⅔) vote of the county legislative body of such county.
History (23)
  • 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
  • 2024, ch. 513, § 1.
§ 5-14-109. Purchases — Certification of adequate funding.
  1. 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.
History (2)
  • Acts 1957, ch. 312, § 8
  • T.C.A., § 5-1409.
§ 5-14-110. Emergency purchases.
  1. (a) 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. (b)
    1. (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. (2) At all other times, only the county purchasing agent shall make these purchases.
    3. (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. (4) Such report shall be kept on file and shall be open to public inspection.
History (2)
  • Acts 1957, ch. 312, § 9
  • T.C.A., § 5-1410.
§ 5-14-111. Written orders and contracts.
  1. (a) 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. (b) 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.
History (2)
  • Acts 1957, ch. 312, § 11
  • T.C.A., § 5-1411.
§ 5-14-112. Purchasing standards and specifications.
  1. (a) It is the duty of the county purchasing agent to:
    1. (1) Classify the requirements of the county government for supplies, materials and equipment;
    2. (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. (3) Prepare, adopt and promulgate written specifications describing such standards.
  2. (b)
    1. (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. (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.
History (2)
  • Acts 1957, ch. 312, § 12
  • T.C.A., § 5-1412.
§ 5-14-113. Liability of county.
  1. 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.
History (2)
  • Acts 1957, ch. 312, § 13
  • T.C.A., § 5-1413.
§ 5-14-114. Conflicts of interest — Forfeiture of compensation — Removal from office.
  1. (a) The county purchasing agent, members of the county purchasing commission, members of the county legislative body, and other officials of the county shall not:
    1. (1) Have a direct interest in a contract or purchase order for supplies, materials, equipment, or contractual services used by or furnished to a department or agency of the county government. As used in this subdivision (a)(1), “direct interest” means a contract with such person personally or with a business in which such person is the proprietor, a partner, or the person having the controlling interest in the business; “controlling interest” includes the individual with the ownership or control of the largest number of outstanding shares owned by a single individual or corporation;
    2. (2) Have an indirect interest in the purchase of supplies, materials, equipment, or contractual services for the county unless the person publicly acknowledges the interest. A person who is not a member of a governing body and who is required to publicly acknowledge an indirect interest must do so by reporting the interest to the office of the county mayor to be compiled into a list that must be maintained as a public record. As used in this subdivision (a)(2), “indirect interest” means a contract in which a person is interested, but not directly so, and includes contracts where the person is directly interested and is the sole supplier of goods or services in the county; or
    3. (3) Accept or receive, directly or indirectly, from a person, firm, or corporation to which a contract or purchase order may be awarded, by rebate, gift, or otherwise, money or anything of value whatsoever, or a promise, obligation, or contract for future reward or compensation.
  2. (b) If an official subject to subsection (a) violates subsection (a), the official shall forfeit all compensation earned by the official under the contract and is removed from office. An official removed from office pursuant to this section is ineligible for the same or similar position for a period of ten (10) years following the date of the violation.
History (5)
  • Acts 1957, ch. 312, § 10
  • impl. am. Acts 1978, ch. 934, §§ 7, 36
  • T.C.A., § 5-1414
  • Acts 1989, ch. 591, § 18
  • 2022, ch. 700, § 1.
§ 5-14-115. Application to schools.
  1. (a) 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. (b) 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.
History (3)
  • Acts 1957, ch. 312, § 14a
  • T.C.A., § 5-1415
  • Acts 1982, ch. 809, § 1.
§ 5-14-116. Construction of part.
  1. 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.
History (2)
  • Acts 1957, ch. 312, § 15
  • T.C.A., § 5-1416.
Part 2 County Purchasing Law of 1983
§ 5-14-201. Short title.
  1. This part shall be known and may be cited as the “County Purchasing Law of 1983.”
History (1)
  • Acts 1983, ch. 451, § 1.
§ 5-14-202. Application of part.
  1. This part applies to all purchases by authorized officials in all counties using or encumbering county funds, except that this part does not apply to purchases:
    1. (1) Made from county highway funds pursuant to § 54-7-113;
    2. (2) Made from county education funds pursuant to § 49-2-203;
    3. (3) Made by any county that has adopted either the County Purchasing Law of 1957, compiled in part 1 of this chapter, or the County Financial Management System of 1981, compiled in chapter 21 of this title;
    4. (4) Made by any county governed by a private act regarding purchasing if such private act provides for advertisement and competitive bidding before a purchase is made and if the dollar amount for each purchase requiring advertisement and competitive bidding is ten thousand dollars ($10,000) or some lesser amount;
    5. (5) Made under § 12-3-1201;
    6. (6) Made by any county having a population of seven hundred thousand (700,000) or more according to any federal census and governed by a private act regarding purchasing, if such private act provides for advertisement and competitive bidding before a purchase is made and if the dollar amount for each purchase requiring advertisement and competitive bidding is five thousand dollars ($5,000) or some lesser amount;
    7. (7) From nonprofit corporations, such as the Local Government Data Processing Corporation, whose purpose is to provide goods or services specifically to counties; or
    8. (8) Made by a county with a population of not less than two hundred thousand (200,000) according to any federal census, so long as the county through county or metropolitan government charter, private act, or ordinance has established a procedure regarding purchasing that provides for advertisement and competitive bidding and sets a dollar amount for each purchase requiring advertisement and competitive bidding; provided, that purchases of less than the dollar amount requiring advertisement and competitive bidding shall, wherever possible, be based upon at least three (3) competitive bids.
History (4)
  • Acts 1983, ch. 451, § 2
  • 1990, ch. 820, § 1
  • 1995, ch. 179, §§ 2, 3
  • 2007, ch. 135, § 2.
§ 5-14-203. Limits on purchases.
  1. All purchases made from funds subject to the authority of this part shall be made within the limits of the approved budget and the appropriations made for the department, office or agency for which the purchase is made.
History (1)
  • Acts 1983, ch. 451, § 3.
§ 5-14-204. Bidding — Exceptions.
  1. All purchases and leases or lease-purchase agreements shall be made or entered into only after public advertisement and competitive bid, except as follows:
    1. (1) Purchases costing less than the maximum applicable threshold over which public advertising and sealed competitive bids or proposals are required for nonemergency, nonproprietary purchases as established pursuant to § 12-3-1212. Purchases of like items must be aggregated for the purposes of the bid threshold;
    2. (2)
      1. (A) Any goods or services that may not be procured by competitive means because of the existence of a single source of supply or because of a proprietary product;
      2. (B) A record of all such sole source or proprietary purchases shall be made by the person or body authorizing such purchases and shall specify the amount paid, the items purchased, and from whom the purchases were made;
      3. (C) A report of such sole source or proprietary purchases shall be made as soon as possible to the county governing body and the county mayor of the county and shall include all items of information as required in the record;
    3. (3)
      1. (A) Purchases or leases of 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;
      2. (B) A record of any emergency purchase shall be made by the person or body authorizing such emergency purchase, and shall specify the amount paid, the items purchased, from whom the purchase was made and the nature of the emergency;
      3. (C) A report of any emergency purchase shall be made as soon as possible to the county governing body and the county mayor, and shall include all items of information as required in the record;
    4. (4) Leases or lease-purchase agreements requiring total payments that do not exceed the maximum applicable threshold over which public advertisement and sealed competitive bids or proposals are required for nonemergency, nonproprietary purchases established pursuant to § 12-3-1212 in each fiscal year the agreement is in effect. Leases of like or related items must be aggregated for the purposes of the threshold; and
    5. (5)
      1. (A) Governing bodies may exempt perishable commodities from the requirements of public advertisement and competitive bidding when such items are purchased in the open market;
      2. (B) A record of all such purchases shall be made by the person or body authorizing such purchases and shall specify the amount paid, the items purchased, and from whom the purchase was made;
      3. (C) A report of such purchases shall be made, at least monthly, to the county mayor and the governing body and shall include all items of information as required in the record.
    6. (6) [Deleted by 2024 amendment.]
History (6)
  • Acts 1983, ch. 451, § 4
  • 1988, ch. 770, § 3
  • 1995, ch. 179, § 4
  • 2007, ch. 135, § 3
  • 2024, ch. 513, §§ 2, 3
  • 2024, ch. 661, § 2.
§ 5-14-205. Procedure for limited expenditures.
  1. All purchases, leases, or lease-purchase agreements with expenditures of less than the maximum applicable threshold established pursuant to § 12-3-1212 in a fiscal year may be made in the open market without newspaper notice, but must, wherever possible, be based upon at least three (3) competitive bids.
History (4)
  • Acts 1983, ch. 451, § 5
  • 1995, ch. 179, § 5
  • 2007, ch. 135, § 4
  • 2024, ch. 513, § 4.
§ 5-14-206. Stricter requirements — Regulations.
  1. (a) County governing bodies are specifically authorized to lower the dollar amounts required in this part for public advertisement and competitive bidding to an amount to be set by the county governing body.
  2. (b) County governing bodies are specifically authorized to adopt regulations providing procedures for implementing this part.
History (1)
  • Acts 1983, ch. 451, § 6.
§ 5-14-207. Bid specifications for purchases of chemical products.
  1. (a) Bid specifications for purchases of chemical products pursuant to this chapter shall require that the manufacturer of the chemical products create and maintain a material safety data sheet (MSDS) for such chemical products on the national MSDSSEARCH repository or the manufacturer's web site so that the information can be accessed by means of the Internet. A site operated by or on behalf of the manufacturer or a relevant trade association is acceptable so long as the information is freely accessible to the public.
  2. (b) The URL for MSDSSEARCH shall be posted on the web site of the department of general services as provided in § 12-3-808. In lieu of posting a MSDS on MSDSSEARCH, a bidder shall include the manufacturer's URL for their MSDS in the bid proposal or purchase order.
History (2)
  • Acts 2003, ch. 184, § 1
  • 2004, ch. 613, § 1.
Chapter 16 Urban Type Public Facilities
§ 5-16-101. Power granted to counties — Chapter definitions.
  1. (a) 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. (b) As used in this chapter, unless the context otherwise requires:
    1. (1) “Other governing body” means only that body having the taxing authority; and
    2. (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.
History (6)
  • 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.
§ 5-16-102. Resolution of authorization.
  1. 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. (1) Some agency of the county already in existence;
    2. (2) A public works department to be created; or
    3. (3) A board established as provided in § 5-16-103.
Backlinks (1)
History (3)
  • 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.
  1. (a)
    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. (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. (b)
    1. (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. (2)
      1. (A) 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. (B) The terms of no more than two (2) members of the county board of public utilities shall expire at the same time.
    3. (3)
      1. (A) 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. (B) 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. (c) 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. (d) The county mayor shall in like manner fill any vacancies that may occur for the unexpired terms of the vacancies.
  5. (e) Each member shall give such bond as may be required by resolution of the county legislative body.
  6. (f)
    1. (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. (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 (⅔) 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. (3)
      1. (A) 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 (⅔) vote of the county legislative body to which this subdivision (f)(3) may apply.
      2. (B) 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. (4) Each member of a 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 has increased responsibilities and duties arising as a result of such multi-county service area and is therefore entitled to compensation in an amount not to exceed three hundred dollars ($300) per month, the exact amount of such compensation to be determined by resolution of such board. Each member of the board, upon the adoption of a resolution by the board, is further entitled to:
      1. (A) Participate in the group medical insurance plan and group life insurance plan provided to board employees;
      2. (B) The reimbursement of premiums paid for equivalent or similar group medical insurance coverage and group life insurance coverage in which the board member participates, provided such premium payments do not exceed the per person cost of the group medical insurance coverage and group life insurance coverage the board provides its own employees; or
      3. (C) The reimbursement of premiums paid for medical insurance coverage by medicare and any medicare supplemental insurance policy.
    5. (5)
      1. (A) 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 (⅔) vote of the county legislative body of any county to which this subdivision (f)(5) may apply.
      2. (B) 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. (6)
      1. (A) 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 (⅔) vote of the county legislative body to which this subdivision (f)(6)(A) may apply.
      2. (B) 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.
    7. (7)
      1. (A) 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 (⅔) vote of the county legislative body to which this subdivision (f)(7)(A) may apply.
      2. (B) 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. (g) A majority of the board shall constitute a quorum.
  8. (h) The board shall elect its own chair, and shall be authorized to employ such clerical help as may be necessary.
  9. (i) 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. (j) The board shall establish its own rules of procedure.
  11. (k) Any member of the board may be removed from office for cause upon a vote of two-thirds (⅔) 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. (l) 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. (m) 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. (n) 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. (1) Specify the number of members of the board of public utilities;
    2. (2) Specify the length of the terms of the members;
    3. (3) Provide for the staggering of terms;
    4. (4) Provide for the removal of members;
    5. (5) Provide for the filling of vacancies on the board; and
    6. (6) Specify the compensation for the members, if any.
Backlinks (1)
History (14)
  • 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
  • 2021, ch. 200, § 1.
§ 5-16-104. Superintendent — Appointment — Compensation — Powers exercised on behalf of county.
  1. (a) 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. (b) 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. (c)
    1. (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. (2) Such person need not be a resident of the county or of the state at the time of such person's selection.
  4. (d)
    1. (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. (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. (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. (e) 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.
History (4)
  • Acts 1961, ch. 166, § 4
  • impl. am. Acts 1978, ch. 934, §§ 7, 16, 36
  • T.C.A., § 5-1604
  • Acts 2003, ch. 90, § 2.
§ 5-16-105. Superintendent — Powers and duties.
  1. (a) 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. (b) 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. (c) The superintendent, with the approval of the governing authority, may fix compensation of all employees.
  4. (d)
    1. (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. (2) The superintendent, subject to the approval of the governing authority, shall let all contracts.
    3. (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. (4) Any contract for construction exceeding ten thousand dollars ($10,000) shall be advertised by the superintendent for bids.
    5. (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. (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. (A) The central purchasing authority; or
      2. (B) The county board of public utilities, in accordance with purchasing policies approved by the governing body of the county.
  5. (e) The superintendent shall make and keep full and proper books and records, subject to the supervision and direction of the governing authority.
History (6)
  • 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.
§ 5-16-106. Bonds.
  1. (a) 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. (b) 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. (c)
    1. (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. (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.
Backlinks (1)
History (4)
  • 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. (a) 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. (b) 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. (c) 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. (d) 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.
Backlinks (2)
History (3)
  • Acts 1961, ch. 166, § 7
  • impl. am. Acts 1978, ch. 934, §§ 7, 36
  • T.C.A., § 5-1607.
§ 5-16-108. Sewerage facilities — Mandatory connection and use.
  1. 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.
History (2)
  • Acts 1961, ch. 166, § 8
  • T.C.A., § 5-1608.
§ 5-16-109. Service charges — Rules and regulations.
  1. (a) 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. (b) 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. (c) 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.
History (3)
  • Acts 1961, ch. 166, § 9
  • T.C.A., § 5-1609
  • Acts 2018, ch. 738, § 2.
§ 5-16-110. Municipal annexation or incorporation — Effect on facilities.
  1. (a)
    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. (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. (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. (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. (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. (b)
    1. (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. (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.
History (4)
  • 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.
  1. 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.
History (3)
  • 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. (a)
    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. (2) Such plan of services shall set forth, at a minimum, the identification and proposed timing of the services to be rendered.
  2. (b) 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. (c) 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].
Backlinks (1)
History (4)
  • 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.
§ 5-16-113. Agreement to permit other entity to operate within service area.
  1. A county water system, or a county water authority created by private act, may enter into an agreement with a municipal water system, a water utility district, an investor-owned water utility, or a county water and wastewater system treatment authority to permit that other entity to operate within its service area. A county water system or a county water authority shall establish a method by which the system's or authority's ratepayers may petition the system or authority to consider entering into an agreement pursuant to this section.
History (1)
  • Acts 2022, ch. 889, § 6.
Chapter 17 County-wide Fire Departments
§ 5-17-101. Formation.
  1. (a) The county legislative body or other governing body of any county is authorized to form a new agency to be known as the county-wide fire department for the purpose of providing fire protection services to all of the county.
  2. (b) The powers and duties of the county-wide fire department may be delegated by the county legislative body or other governing body to an existing agency.
  3. (c)
    1. (1) The governing body of any county that now has or may hereafter have a metropolitan form of government as defined by § 7-1-101, is authorized to form a new agency to be known as the county-wide fire department, or to extend fire protection services of an existing agency or department to all or any part thereof of the general services district outside the urban services district in the manner and to the extent prescribed in this section.
    2. (2) In counties governed by metropolitan government, the powers and duties of the agency or department affording fire protection outside the urban services district shall be vested in that agency in which the charter of the metropolitan government vests the responsibility for protection against fire of life and property within the urban services district.
  4. (d) A fire department established pursuant to this chapter may be funded through one (1) of the following methods:
    1. (1) As authorized by §§ 5-17-105 — 5-17-107, the county legislative body may establish one (1) or more fire and emergency services tax districts and levy an annual fire and emergency services tax upon the property in each district for the purpose of funding the activities of the fire department within that district;
    2. (2) As an alternative to fire and emergency services tax districts, the county legislative body is hereby authorized to allocate revenue from the general fund of the county to fund fire protection services to be provided to the unincorporated portions of the county. Any such revenues allocated for fire protection services shall be generated by situs-based taxes collected in unincorporated areas of the county or shall originate from other revenue sources that have already been shared with municipalities;
    3. (3) A county that has entered into a written mutual aid agreement with each municipality within the county relating to the provision of fire services under title 58 may fund up to fifty percent (50%) of the cost to provide fire services to unincorporated portions of the county using county general funds;
    4. (4) Nothing in this section shall be construed as limiting the ability of local governments to provide for fire protection services through an interlocal agreement as authorized by title 12, chapter 9, or any other provision of this code;
    5. (5) Nothing in this subsection (d) shall prohibit nor be construed to prohibit a local government from accepting donations or charitable contributions to fund the activities of the fire department, regardless of the method of funding selected by a local government under this section.
  5. (e) Any county choosing to create a county-wide fire district as authorized by this section, may, with the approval of the local legislative body, mandate that all interlocal agreements and contracts with providers for services permitted under this section contain performance-based criteria designed to ensure timely response and effective services, the exact methodology of which is to be determined by local ordinance.
Backlinks (2)
History (9)
  • Acts 1965, ch. 138, § 1
  • 1968, ch. 611, § 1
  • 1973, ch. 211, § 1
  • impl. am. Acts 1978, ch. 934, §§ 7, 36
  • T.C.A., § 5-1701
  • Acts 1999, ch. 125, § 1
  • 2007, ch. 145, § 1
  • 2012, ch. 771, § 1
  • 2024, ch. 702, § 1.
§ 5-17-102. Powers and duties.
  1. (a) With the specific exceptions relating to metropolitan governments provided for in this section, the county-wide fire department is empowered to do all things necessary to provide coordinated fire protection to all areas of the county, including, but not limited to:
    1. (1) Sue and be sued;
    2. (2) Take or acquire real or personal property of every kind, or any interest therein, within the county, by grant, purchase, gift, devise or lease, and hold, manage, occupy, dispose of, convey and encumber the same and create a leasehold interest in the same for the benefit of the county;
    3. (3) Exercise the right of eminent domain, but only with the consent of the county legislative body or other governing body;
    4. (4) Establish, equip, operate and maintain a county-wide fire department and establish and enforce regulations including, but not limited to, those for the administration, operation and maintenance thereof;
    5. (5) Appoint and employ necessary employees and define their qualifications, duties and responsibilities, and provide for payment in reasonable sums for such duties;
    6. (6) Employ counsel;
    7. (7) Enter into and perform all necessary contracts, including, but not limited to:
      1. (A) Contracts for the supply of water where necessary for fire protection;
      2. (B) Contract to have existing fire departments and others provide fire protection services in any area of the county, including, but not limited to:
        1. (i) Contracts with incorporated towns and utility districts to provide such service within or without their corporate limits;
        2. (ii) Contracts to provide fire protection services for any city, town, district, or any part thereof within the county;
      3. (C) Contracts to provide and be provided training and maintenance;
      4. (D) Contracts to provide and be provided all special service functions, such as arson investigation, inspection, and emergency ambulance and rescue services;
    8. (8) Provide and maintain all special service functions necessary for the prevention of fires, including the investigation of the cause of fires and the enforcement of regulations to prevent harmful fires and smoke;
    9. (9) Provide and maintain an emergency ambulance, first aid and rescue service;
    10. (10) Make regulations, in order to prevent harmful fires and smoke, that shall have the force of law when approved by the county legislative body or other governing body;
    11. (11) Give aid anywhere in the county in the event of fire, flood or other disaster;
    12. (12) Assist local and volunteer fire departments whenever necessary. Such assistance includes, but is not limited to, financial aid and shall be upon such terms as agreed to by both parties;
    13. (13) Provide training and maintenance services for the benefit of any fire department;
    14. (14) Set up a central communications network connecting all fire and emergency units in the county;
    15. (15) Train, equip, maintain, and provide for the payment of volunteers at the discretion of the county-wide fire department;
    16. (16) Recommend the boundaries of fire and emergency services tax district or districts to the county legislative body or other governing body, in those counties that have chosen to fund fire departments through fire and emergency services tax districts, in order to have the fire and emergency services taxes more nearly reflect the cost of services to be rendered in each area of the county, and recommend the amount to be spent in each such district;
    17. (17) Make reasonable charges for any services rendered that are not included in the fire and emergency services tax of the district; and
    18. (18) With the approval of the county legislative body or other governing body, make written agreements for allocation and conveyance of any or all public functions, rights, duties, property, assets and liabilities of the county-wide fire department to any annexing municipality that justice or reason may require in the circumstances.
  2. (b) In those counties that now have or may hereafter have a metropolitan form of government, the powers described in subdivisions (a)(1)-(3), (5), (6) and (9) shall not be vested in the county-wide fire department, but shall be vested in the metropolitan government, to be exercised in the manner provided by its charter.
History (6)
  • Acts 1965, ch. 138, § 2
  • 1968, ch. 611, §§ 2, 3
  • impl. am. Acts 1978, ch. 934, §§ 7, 36
  • T.C.A., § 5-1702
  • Acts 1999, ch. 125, § 2
  • 2012, ch. 771, § 1.
§ 5-17-103. County fire chief.
  1. (a) The county-wide fire department shall be headed by an official to be known as the county fire chief, in whom shall be vested all the powers of the agency and the right to delegate those powers to such persons as the fire chief may see fit.
  2. (b) While responding to, operating at, or returning from an emergency site, the fire chief, or any member serving in the capacity of fire officer in charge, shall have all authority granted to municipal fire departments by § 6-21-703.
  3. (c) The county fire chief shall be appointed by the county mayor, subject to confirmation by the county legislative body or other governing body.
  4. (d) In counties governed by a metropolitan government as defined by § 7-1-101, this section shall not be effective, and the management and control of the agency or department shall be vested in the person in whom the charter of the metropolitan government vests the management and control of the agency that has the responsibility for the protection against fire of life and property within the urban services district.
  5. (e) In any county having a population of not less than eight hundred thousand (800,000), according to the 2000 federal census or any subsequent federal census, the county fire chief shall be appointed by the county mayor, subject to confirmation by the county legislative body. The county mayor and legislative body shall ensure that the views and opinions of all participating governmental entities are given full consideration in the selection of the fire chief, with the exact methodology to be determined by local ordinance.
History (8)
  • Acts 1965, ch. 138, § 3
  • 1968, ch. 611, § 4
  • 1978, ch. 674, § 1
  • impl. am. Acts 1978, ch. 934, §§ 7, 36
  • T.C.A., § 5-1703
  • Acts 1999, ch. 125, § 4
  • 2003, ch. 90, § 2
  • 2007, ch. 39, § 1.
§ 5-17-104. Budget.
  1. (a) The county-wide fire department shall prepare an annual budget of anticipated receipts and expenditures, and it shall be submitted to the county legislative body or other governing body of the county.
  2. (b) In those counties that have established fire and emergency services tax districts, the county-wide fire department shall determine what share of the total annual expense of the county-wide fire department must be allocated to each fire and emergency services tax district.
  3. (c) In those counties having a metropolitan government, the budget for the county-wide fire department shall be prepared, submitted and adopted in the manner provided therefor in the charter of the metropolitan government.
History (6)
  • Acts 1965, ch. 138, § 4
  • 1968, ch. 611, § 5
  • impl. am. Acts 1978, ch. 934, §§ 7, 36
  • T.C.A., § 5-1704
  • Acts 1999, ch. 125, § 3
  • 2012, ch. 771, § 1.
§ 5-17-105. Fire and emergency services tax districts.
  1. (a)
    1. (1) The boundaries of fire and emergency services tax districts shall be determined by the county legislative body or other governing body, and shall become fixed by resolution of the county legislative body or other governing body thirty (30) days or more after notice of the determination of the boundaries of a district has been given to the property owners of the district.
    2. (2) Such notice shall be given by mailing a description of the boundaries of the district to all of the property owners of record within the district, at their last known address.
  2. (b) The boundaries of any district may be altered at any time by means of the same procedure by which the district was created.
  3. (c) In the case of county-wide fire districts as authorized by § 5-17-101, the fire and emergency services tax district shall comprise the entire county outside of any and all incorporated municipalities within the county, but each and every such incorporated municipality within the county may elect to contract with the county for inclusion in such fire and emergency services tax district as authorized by § 5-17-108.
  4. (d) In those counties having eight (8) or more incorporated municipalities that levy a property tax and four (4) or more special school districts, the fire and emergency services tax district shall comprise the entire county, including each and every incorporated municipality.
Backlinks (1)
History (6)
  • Acts 1965, ch. 138, § 5
  • 1978, ch. 674, § 4
  • impl. am. Acts 1978, ch. 934, §§ 7, 36
  • T.C.A., § 5-1705
  • Acts 1996, ch. 836, § 1
  • 2012, ch. 771, § 1.
§ 5-17-106. Fire and emergency services tax — Levy.
  1. (a) The county legislative body or other governing body shall levy an annual fire and emergency services tax upon the property owners of each district. The county legislative body of any county having a population of not less than eighty thousand (80,000) nor more than eighty-three thousand (83,000), according to the 1990 federal census or any subsequent federal census, that after April 8, 1992, establishes a fire and emergency services tax district, may levy an annual fire and emergency services tax upon the property owners of each district. If a tax is levied, subsection (b) shall apply to such fire and emergency services tax.
  2. (b) The fire and emergency services tax of each fire and emergency services tax district shall be set at a rate sufficient to pay that district's share of the total budget of the county-wide fire department.
History (5)
  • Acts 1965, ch. 138, § 6
  • impl. am. Acts 1978, ch. 934, §§ 7, 36
  • T.C.A., § 5-1706
  • Acts 1992, ch. 649, § 1
  • 2012, ch. 771, § 1.
§ 5-17-107. Fire and emergency services tax — Inclusion in property tax.
  1. (a) The fire and emergency services tax shall be assessed in the same manner as the county property tax and collected as an addition thereto.
  2. (b) The fire and emergency services tax shall in all ways be treated as a part of the county property tax.
Backlinks (1)
History (3)
  • Acts 1965, ch. 138, § 7
  • T.C.A., § 5-1707
  • Acts 2012, ch. 771, § 1.
§ 5-17-108. Service supplementary.
  1. Nothing in this chapter shall be construed to limit in any way the fire departments of any municipality or utility district providing fire service, but merely authorizes such county fire protection service to contract with municipalities or utility districts in order to coordinate fire service county-wide.
Backlinks (1)
History (2)
  • Acts 1965, ch. 138, § 8
  • T.C.A., § 5-1708.
Chapter 18 County Historian
§ 5-18-101. In general.
  1. The legislative body of each county shall appoint some person of the county as county historian, who shall serve without compensation and whose duties shall include, but not be limited to, collecting and preserving local and state history, and in doing so, to work with, in such manner as may mutually be agreed upon, the state historian, the state library and archives and the Tennessee historical commission.
History (2)
  • Acts 1965, ch. 45, § 1
  • T.C.A., § 5-1801.
Chapter 19 Garbage and Rubbish Collection and Disposal Services
§ 5-19-101. Power granted to counties.
  1. The several counties of this state are hereby authorized to provide garbage and rubbish collection services or garbage and rubbish disposal services, or both, to the entire county or to special districts within the county as provided in this chapter.
History (2)
  • Acts 1969, ch. 201, § 1
  • T.C.A., § 5-1901.
§ 5-19-102. Chapter definitions.
  1. As used in this chapter, unless the context otherwise requires:
    1. (1) “Garbage and rubbish collection service” means and includes all operations of all manpower and equipment, whether employed or owned by the county or by some other entity, public or private, with which the county may choose to contract, for the gathering, removal and transporting of refuse produced by the area to be served;
    2. (2) “Garbage and rubbish disposal service” means and includes all composting or other processing plants, incinerators, sanitary landfills and all other sites or facilities for the receiving, processing and getting rid of collected refuse, whether publicly or privately owned or operated, or both; and
    3. (3) “Other governing body” means only that body having the taxing authority.
History (2)
  • Acts 1969, ch. 201, § 1
  • T.C.A., § 5-1902.
§ 5-19-103. Resolution authorizing services.
  1. 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. (1) Some agency or officer of the county already in existence;
    2. (2) A county sanitation department to be created;
    3. (3) A board established as provided in § 5-19-104; or
    4. (4) Contractual arrangements the county may make between itself and any municipality, any utility or other service district, any private organization or any combination of such entities engaged in garbage and rubbish collection services or garbage and rubbish disposal services, or both. In the event all such county services are to be rendered exclusively by such contractual arrangements, the contracts involved shall be negotiated by the county mayor, shall be subject to the approval of the county legislative body or other governing body and may be administered by the county mayor without the appointment of a superintendent, as provided for in § 5-19-105, being required.
Backlinks (1)
History (4)
  • Acts 1969, ch. 201, § 2
  • impl. am. Acts 1978, ch. 934, §§ 7, 16, 35
  • T.C.A., § 5-1903
  • Acts 2003, ch. 90, § 2.
§ 5-19-104. County board of sanitation.
  1. (a)
    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 or other governing body, three (3) persons to constitute what shall be known as “the county board of sanitation,” which appointees shall serve for one (1), two (2), and three (3) years respectively, from July 1 next succeeding the date of appointment.
    2. (2) Successors to such appointees shall each be appointed for a term of three (3) years by the county mayor, subject to confirmation as provided for in subdivision (a)(1).
    3. (3) The county mayor shall in like manner fill any vacancies that may occur for the unexpired terms thereof.
  2. (b) Each member shall give such bond as may be required by resolution of the county legislative body or other governing body.
  3. (c) The salary or per diem payment, if any, for service on the county board of sanitation shall be established by resolution of the county legislative body. Necessary travel expenses incurred in the performance of their duties shall be paid by the county.
  4. (d) A majority of the board shall constitute a quorum.
  5. (e) The board shall elect its own chair, and shall be authorized to employ such clerical help as may be necessary.
  6. (f)
    1. (1) 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.
    2. (2) The board shall establish its own rules of procedure.
  7. (g) Any member of the board may be removed from office for cause upon a vote of two-thirds (⅔) of the members of the county legislative body or other governing body, but only after preferment of formal charges by a resolution of a majority of such governing body and following a public hearing before it.
  8. (h) Before the board shall adopt any proposed budget or salary plan for its employees, it shall submit same to the county legislative body or other governing body for approval or rejection.
Backlinks (1)
History (5)
  • Acts 1969, ch. 201, § 3
  • impl. am. Acts 1978, ch. 934, §§ 7, 16, 36
  • T.C.A., § 5-1904
  • Acts 1998, ch. 730, § 1
  • 2003, ch. 90, § 2.
§ 5-19-105. Supervision generally — Office of superintendent.
  1. (a) The general supervision and control of the acquisition, improvement, operation and maintenance of all such refuse collection or disposal systems, or both, as provided in this chapter shall be in charge of the county legislative body or other governing body or other agency as provided in this chapter.
  2. (b)
    1. (1) If the powers of this chapter, other than those exercised exclusively by contractual arrangements, are exercised by an agency other than the county legislative body or other governing body or by 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.
    2. (2) The superintendent, in any case where a superintendent is required, shall be a person who shall be qualified by training and experience for supervision over the maintenance and operation of the facilities and services as provided in this chapter.
    3. (3) Such person need not be a resident of the county or of the state at the time of such person's selection.
    4. (4) 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.
    5. (5) 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.
    6. (6) 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.
  3. (c) Within the limits of the funds available therefor, all powers to acquire, improve, operate and maintain the facilities and services as herein provided, and all powers necessary or convenient thereto, conferred by this chapter shall be exercised on behalf of the county by the county legislative body or other governing body or by the board, or other designated agency, and the superintendent respectively.
Backlinks (1)
History (4)
  • Acts 1969, ch. 201, § 4
  • impl. am. Acts 1978, ch. 934, §§ 7, 16, 36
  • T.C.A., § 5-1905
  • Acts 2003, ch. 90, § 2.
§ 5-19-106. Intergovernmental cooperation.
  1. (a) In connection with the operation of any refuse collection or disposal equipment or facility as provided in this chapter, the superintendent, or the board in the event the powers conferred by this chapter are exercised through a board, with the approval of the county legislative body or other governing body, or 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 or with private contractors, for furnishing services, equipment 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 agency involved.
  2. (b) The county legislative body or other governing body, or other agency involved with the approval of the county legislative body or other governing body, is authorized to enter into contracts with any of the governmental units described in subsection (a) or private entities to provide or share in the provision of any refuse collection or disposal equipment, facility or service and for the joint operation thereof, and to make or pay charges in connection therewith by written agreement with such unit or entity.
  3. (c) All governmental units subject to the jurisdiction of the state are hereby authorized to enter into contracts with the appropriate agency prescribed herein for the providing of any refuse collection or disposal equipment, facility or service within the purview of this chapter, and to otherwise cooperate in furnishing such facilities, equipment or services upon any terms deemed to be mutually advantageous.
  4. (d) In any cooperative undertaking with any other governmental unit or entity, or in a contract with any private contractor, as described in this section for furnishing any of the facilities, equipment or services contemplated in this chapter, the county's share of the costs may be financed in the same manner as is provided for in § 5-19-111 to discharge direct county costs for such facilities, equipment or services.
Backlinks (1)
History (3)
  • Acts 1969, ch. 201, § 5
  • impl. am. Acts 1978, ch. 934, §§ 7, 36
  • T.C.A., § 5-1906.
§ 5-19-107. Powers of counties.
  1. The several counties are empowered to do all things necessary to provide such county-wide or special district garbage and rubbish collection service or garbage and rubbish disposal service, or both, including, but not limited to:
    1. (1) Sue and be sued;
    2. (2) Take or acquire real or personal property of every kind, or any interest therein within the county, by grant, purchase, gift, devise or lease, and hold, manage, occupy, dispose of, convey, and encumber the same and create a leasehold interest in the same for the benefit of the county;
    3. (3) Exercise the right of eminent domain;
    4. (4) Establish, equip, operate and maintain the services, or any of them, authorized by this chapter and establish and enforce regulations including, but not limited to, those for the administration, operation and maintenance thereof;
    5. (5) Appoint and employ necessary employees and define their qualifications, duties and responsibilities, and provide for payment in reasonable sums for such duties;
    6. (6) Employ counsel;
    7. (7) Enter into and perform all necessary contracts, including, but not limited to, contracts with incorporated towns and cities, or with utility districts, within or without the county, or with private contractors, to provide such services within or without their corporate limits, contracts to provide or to be provided training and maintenance, contracts with one (1) or more other counties or with one (1) or more municipalities in other counties for joint provision of such services, contracts for purchasing or leasing necessary equipment, contracts for the performance of any or all operations involved in the provision of such services either on a district, or on a county-wide basis, or on an intergovernmental basis;
    8. (8) Provide and maintain all special service functions necessary to the implementation of this chapter, such as, but not limited to, the services of the county sanitarian in the inspection of all refuse processing or disposing operations within the county;
    9. (9) Make regulations that shall have the force of law governing all collection and disposal operations and practices entered into under the terms of this chapter;
    10. (10) Set the boundaries of special refuse disposal districts established under the terms of this chapter;
    11. (11) Establish schedules of, and collect reasonable charges for, any services rendered in any district or area that are not covered by the special tax levy authorized in § 5-19-108 or § 5-19-109 for garbage and rubbish collection or disposal, or both, in that district or area; and
    12. (12) Make written agreements for the allocation and conveyance to any annexing municipality of any or all public functions, rights, duties, property, assets and liabilities of a county-wide or district system within or without the area annexed, or to be annexed, that justice and reason may require in the circumstances.
History (2)
  • Acts 1969, ch. 201, § 6
  • T.C.A., § 5-1907.
§ 5-19-108. Tax levy.
  1. Such garbage and rubbish collection and disposal services may be financed in whole or in part by a levy of a tax on all property in the county only if all persons in the county are to be equally served, but such a county-wide levy shall be unlawful if any city, town or special district in any city or town, that, through its own forces or by contract, provides such services within its boundaries, or if any other part of the county is to be excluded from the service area.
Backlinks (1)
History (2)
  • Acts 1969, ch. 201, § 7
  • T.C.A., § 5-1908.
§ 5-19-109. Service districts.
  1. (a) If less than all persons in the county are to be served, the county, if it chooses to enter into garbage and rubbish collection and disposal activities, must establish a district or districts within which the service is to be provided.
  2. (b) Such county must pay the full costs of the services to be provided either:
    1. (1) From the proceeds of a tax levied only on property within the district or districts;
    2. (2) From the proceeds of a schedule of service charges levied upon the recipients of the services in the district or districts; or
    3. (3) From a combination of both such a tax levy and service charge levy.
  3. (c) The county legislative body or other governing body may, in its discretion, allocate from among the general funds otherwise available to it an amount sufficient to compensate the garbage and rubbish disposal operation for the use of disposal facilities by persons other than those who reside in the districts served, and may reduce the cost to be recovered from such district or districts by a like amount.
Backlinks (1)
History (3)
  • Acts 1969, ch. 201, § 8
  • impl. am. Acts 1978, ch. 934, §§ 7, 36
  • T.C.A., § 5-1909.
§ 5-19-110. Superintendent — Powers and duties.
  1. (a) The superintendent, in all cases in which that office is created, has charge of all actual construction and of the immediate management and operation of all the services, equipment and facilities provided for in this chapter which are owned and operated by the county and of the enforcement of all rules, regulations, programs, plans and decisions of the board or governing body and of the administration of all contracts between the county and other entities covering refuse collection and disposal services.
  2. (b)
    1. (1) Within the limits of a budget and of a salary plan to be approved by the county governing body, the superintendent shall hire all employees and fix their duties, except that the engagement of technical consultants, advisers and legal assistants shall be subject to the approval of the governing body.
    2. (2) The superintendent, with the approval of the governing body, may fix the compensation of all employees.
  3. (c)
    1. (1) The superintendent, with the approval of the governing body, may acquire and dispose of all property, real and personal, necessary to effectuate the purposes of this chapter.
    2. (2) Title to such property shall in all cases be taken in the name of the county.
  4. (d)
    1. (1) The superintendent, subject to the approval of the governing body, shall let all contracts.
    2. (2) The superintendent may, however, make purchases of personalty up to a cost of five hundred dollars ($500), within budgetary limits, without the approval of the governing body, subject, however, to such rules governing such purchases as the governing body may prescribe.
    3. (3) Any contract for construction exceeding two thousand dollars ($2,000) shall be advertised by the superintendent for bids.
    4. (4) Where the county has a central purchasing authority, purchases made for the purposes herein contemplated shall be processed through such authority.
History (2)
  • Acts 1969, ch. 201, § 9
  • T.C.A., § 5-1910.
§ 5-19-111. Bonds.
  1. (a) The county legislative body, or other governing body, of the county is hereby authorized to issue bonds of the county for the purpose of financing the cost of the establishment, construction, installation or acquisition of any refuse collection or disposal equipment or facility.
  2. (b) 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 by taxes levied on property in a specified district, or revenue bonds secured by the revenues derived from the operation of the refuse collection or disposal equipment or facility financed thereby, or by a combination of such revenues and the unpledged revenues derived by the county from any other refuse collection or disposal equipment or facility owned and operated by the county, or combination revenue-general obligation deficiency bonds secured primarily by revenues and secondarily by the taxing power of the county.
  3. (c)
    1. (1) Any bonds issued by the county for the purpose of financing refuse collection or disposal equipment or facilities shall be issued in the manner and form prescribed by the applicable provisions of title 9, chapter 21.
    2. (2) In the issuance of bonds, any refuse collection or disposal equipment or 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 refuse collection or disposal equipment or facility authorized pursuant to this chapter.
Backlinks (1)
History (4)
  • Acts 1969, ch. 201, § 10
  • impl. am. Acts 1978, ch. 934, §§ 7, 16, 36
  • T.C.A., § 5-1911
  • Acts 1988, ch. 750, §§ 6, 7.
§ 5-19-112. Plan of services.
  1. (a) No county shall adopt the resolution provided for in § 5-19-103 until there shall have been presented to the regional planning commission serving such county a plan of services for a specified area or areas for study and a written report to be rendered within ninety (90) days after such submission unless, by resolution of the county legislative body or other governing body, a longer period is allowed.
  2. (b) Such plan of services shall set forth, at a minimum, the identification and proposed timing of the services to be rendered.
  3. (c) No county shall construct or acquire facilities under this chapter unless plans, including necessary engineering and financing plans, shall have been similarly presented to the planning commission for study and report.
  4. (d) In the event there is no such regional planning commission, then the referral shall be to the local planning commission of the largest municipality within the county having such a commission, and, if no municipality within the county has such a planning commission, to the state planning office [abolished].
History (4)
  • Acts 1969, ch. 201, § 11
  • impl. am. Acts 1972, ch. 542, § 15
  • impl. am. Acts 1978, ch. 934, §§ 7, 36
  • T.C.A., § 5-1912.
§ 5-19-113. Inspection of facilities.
  1. (a) The county sanitarian of each county shall, not less frequently than quarterly, inspect any and all refuse processing or refuse disposing facilities, or both, public or private, within the county for any practices or procedures followed in the county that do, or may, adversely affect the public health, the public safety, or the quality of the environment, and shall report the findings of the results of such inspections both to the board or governing body having jurisdiction over the area involved and to the superintendent.
  2. (b) The superintendent, within budgetary, policy and feasibility limits as such are defined by the board or governing body, will make every effort to correct any shortcomings in county-owned operations reported upon by the county sanitarian.
  3. (c) Such board or governing body may, in its discretion, institute corrective action on its own with reference to its own operations or initiate appropriate action designed to abate such practice or practices under terms of existing laws dealing with the abatement of nuisances or the elimination of hazards to the public health with reference to the refuse disposal operations of others within its jurisdiction.
History (2)
  • Acts 1969, ch. 201, § 12
  • T.C.A., § 5-1913.
§ 5-19-114. Investigations of facilities.
  1. (a) Either on the commissioner's own initiative or at the request of the governing body of any political subdivision of the state, the commissioner of environment and conservation may investigate refuse disposal operations within any county, city or town in the state, may make written or other recommendations for the improvement thereof, and may offer such technical advice and assistance to the responsible local officials for the betterment of refuse disposal practices within their jurisdictions as limitations of staff and budget will allow.
  2. (b) The commissioner may also draw up, publish, distribute information and recommend standards in refuse disposal for the consideration of responsible local officials.
  3. (c) The commissioner may delegate the responsibilities described in subsections (a) and (b) to appropriate personnel of the department of environment and conservation or to the director of a city, county or district health department to the extent deemed necessary.
History (3)
  • Acts 1969, ch. 201, § 13
  • T.C.A., § 5-1914
  • Acts 1992, ch. 693, § 1.
§ 5-19-115. Governmental entities' rights preserved.
  1. Any of the provisions of this chapter notwithstanding, any municipality, utility or other special district shall retain existing rights to provide such garbage and rubbish collection services or disposal services, or both, to residents and taxpayers within its jurisdiction, including any territory annexed to such jurisdiction, and the existing rights of such instrumentalities to acquire disposal sites outside the limits of their jurisdictions shall not be impaired in any wise whatsoever.
History (2)
  • Acts 1969, ch. 201, § 14
  • T.C.A., § 5-1915.
§ 5-19-116. Householders' rights preserved.
  1. This chapter shall not prohibit an individual householder from disposing of solid waste from such householder's own household upon such householder's own land; provided, that such disposal does not create a public nuisance or a hazard to the public health.
History (2)
  • Acts 1969, ch. 201, § 15
  • T.C.A., § 5-1916.
Chapter 20 Adoption of Prepared Building, Plumbing and Gas Codes by Reference
§ 5-20-101. Chapter definitions.
  1. As used in this chapter, unless the context otherwise requires:
    1. (1) “Code” means any published compilation of rules and regulations that has been prepared by technical trade associations or model code organizations regulating building construction, plumbing and gas installation, fire prevention, any portion of such rules, or any amendment of such rules; and
    2. (2) “Governing body” means the county legislative body, board of commissioners, county council, or other body in which the general legislative powers of a county are vested.
History (4)
  • Acts 1975, ch. 328, § 1
  • impl. am. Acts 1978, ch. 934, §§ 7, 36
  • T.C.A., § 5-2001
  • Acts 2013, ch. 145, § 1.
§ 5-20-102. Adoption by reference authorized.
  1. (a) The governing body of any county may adopt or repeal a resolution that incorporates by reference the provisions of any code properly identified as to date and source, without setting forth the provisions of such code in full, except that this enabling authority shall not apply to any subject area that the state, now or hereafter, elects to regulate through its own adopted code.
  2. (b)
    1. (1) At least one (1) copy of the code that is incorporated by reference shall be filed in the office of the county clerk and kept there for public use, inspection, and examination.
    2. (2) This filing requirement shall not be deemed complied with unless the required copy of the code is filed with the clerk for a period of ninety (90) days before the adoption of the resolution that incorporated the code by reference.
    3. (3) Federal rules and regulations, including any changes in the regulations when properly identified as to the date and source, may be incorporated by reference without setting forth the provisions of the regulations in full.
  3. (c) No resolution incorporating a code by reference shall be effective until published in a newspaper having a general circulation in the county.
History (5)
  • Acts 1975, ch. 328, § 2
  • impl. am. Acts 1978, ch. 934, §§ 22, 36
  • T.C.A., § 5-2002
  • Acts 1993, ch. 163, § 1
  • 2011, ch. 102, § 1.
§ 5-20-103. Administration of code.
  1. (a) The adopting resolution may also incorporate by reference the administrative provisions of any code, or may include in the adopting resolution any suggested administrative provisions found in a code.
  2. (b) If a code does not contain administrative provisions, the administrative provisions of another code may be adopted and included in such resolution.
  3. (c) The powers and duties of enforcing the provisions of any code may be conferred upon such officials within the existing framework of the county government as the governing body may determine, such as, but not limited to, officials administering zoning and planning regulations of the county.
History (2)
  • Acts 1975, ch. 328, § 3
  • T.C.A., § 5-2003.
§ 5-20-104. Enforcement of code.
  1. The county attorney or any official vested with the powers of enforcing any code may, in addition to any other remedies provided by law, institute an injunction to prevent the violation of such code.
History (2)
  • Acts 1975, ch. 328, § 4
  • T.C.A., § 5-2004.
§ 5-20-105. Code violations — Penalties.
  1. (a) The authority of this chapter shall not extend to the incorporation by reference of any penalty clause contained in a code.
  2. (b)
    1. (1) Any person, firm or corporation or agent who violates any code or fails to comply therewith or with any of the provisions thereof, or violates a detailed statement or plans submitted and approved thereunder, commits a Class C misdemeanor.
    2. (2) Each such person, firm or corporation or agent commits a separate offense for each and every day or portion thereof during which any violation of any of the provisions of a code is committed or continued.
History (3)
  • Acts 1975, ch. 328, § 5
  • T.C.A., § 5-2005
  • Acts 1989, ch. 591, § 113.
§ 5-20-106. Applicability.
  1. This chapter shall apply only to the unincorporated area of a county adopting such a code resolution and to those incorporated cities and towns within the county that do not elect, now or hereafter, to adopt their own codes regulating the same subject areas.
History (2)
  • Acts 1975, ch. 328, § 6
  • T.C.A., § 5-2006.
Chapter 21 County Financial Management System of 1981
§ 5-21-101. Short title.
  1. This chapter shall be known and may be cited as the “County Financial Management System of 1981.”
History (1)
  • Acts 1981, ch. 325, § 1.
§ 5-21-102. Chapter definitions.
  1. As used in this chapter, unless the context otherwise requires:
    1. (1) “Committee” means the county financial management committee;
    2. (2) “Department” means the finance department; and
    3. (3) “Director” means the director of the finance department.
History (1)
  • Acts 1981, ch. 325, § 2.
§ 5-21-103. Finance department — General provisions — County hospitals and nursing homes — Exclusion from coverage of chapter.
  1. (a)
    1. (1) There is hereby created a finance department to administer the finances of the county for all funds of the various departments, agencies and boards that are handled by the county trustee.
    2. (2) The accounting, bank accounts, personnel and salary policies, and other policies of the funds and offices of the clerks of courts, county clerk, register of deeds, sheriff and trustee, that were not subject to the budgeting authority of the county legislative body prior to application of this part, are not subject to this part. This part shall not be construed as authority over the fee and commission accounts of other accounts that are not handled by the trustee for offices other than the trustee nor for the trustee's fee and commission account. This part shall not be construed as authority over personnel policies or procedures or salaries of the various county offices or departments, except with respect to requiring necessary recordkeeping and reporting needed for performing the payroll functions as prescribed by the finance committee.
  2. (b) The finance department shall be responsible for purchasing, accounting, budgeting, payroll, cash management and other such financial matters of the county as provided in this chapter.
  3. (c) All employees performing the functions of purchasing, payroll, accounting and budgeting in the various operating departments shall be transferred to the supervision of the director of finance, and such salaries, benefits and expenses relating to such personnel shall be budgeted under the finance department, notwithstanding any other law to the contrary. No employee may be transferred, however, from the office of the trustee, county clerk, assessor of property, clerks of courts, register of deeds or sheriff.
  4. (d)
    1. (1) The department shall establish a system of fiscal management, control, accounting, budgeting, purchasing and cash management as herein provided.
    2. (2) The system shall conform to generally accepted accounting principles and shall be in substantial agreement with the comptroller of the treasury uniform audit manual, the rules established by the commissioner of education, and state law.
    Backlinks (1)
  5. (e)
    1. (1) Notwithstanding this chapter to the contrary, the county legislative body may exclude, by two thirds (⅔) majority vote, the county hospitals or nursing homes, or both, from this chapter. In the event county hospitals or nursing homes, or both, are excluded, the county legislative body may establish, after allowing the financial management committee to submit recommendations, financial procedures and reporting requirements to include, but not to be limited to, the following:
      1. (A) Monthly financial reports;
      2. (B) Approval of the required annual audit contract with a licensed Tennessee certified public accountant and the reports presented in such audit;
      3. (C) Inspection of records, bank statements and other financial records; and
      4. (D) Approval of the annual budget by the county legislative body prior to the beginning of the fiscal year.
    2. (2) If a hospital or nursing home, or both, is excluded from this chapter, the county legislative body may by two-thirds (⅔) majority vote include such hospitals or nursing homes, or both, under this chapter. Upon voting to include such hospital or nursing home, or both, implementation of this chapter shall begin no later than the beginning of the next fiscal year.
History (4)
  • Acts 1981, ch. 325, § 3
  • 1991, ch. 236, § 1
  • 1993, ch. 515, §§ 1-3
  • 2018, ch. 495, § 1.
§ 5-21-104. Financial management committee — General provisions.
  1. (a) A county financial management committee is hereby created.
  2. (b)
    1. (1) The committee shall consist of the county mayor, supervisor of highways, director of schools, and four (4) members elected by the county legislative body at its regular September session of each year or at any subsequent session.
    2. (2) The four (4) members elected by the county legislative body need not be members of such body.
  3. (c) Such committee shall elect its own chair and shall meet from time to time as it may deem necessary for the discharge of its duties as provided in this section.
  4. (d) The director shall be the ex officio secretary of such committee.
  5. (e)
    1. (1) The committee shall establish and approve policies, procedures and regulations in addition to the specific provisions of this chapter, for implementing a sound and efficient financial system for administering the funds of the county.
    2. (2) Such system shall include budgeting, accounting, purchasing, payroll, cash management and such other financial matters necessary to an efficient system.
Backlinks (1)
History (2)
  • Acts 1981, ch. 325, § 4
  • 2003, ch. 90, § 2.
§ 5-21-105. Special committees — General provisions.
  1. (a) The county legislative body may authorize the committee to assume the functions of any or all of the following special committees or the county legislative body may by resolution create:
    1. (1) A budget committee;
    2. (2) An investment committee; or
    3. (3) A purchasing committee.
  2. (b)
    1. (1) Except as provided in subdivision (b)(2), upon creation, the special committees shall be composed of a minimum of five (5) members appointed by the county legislative body. The members of such committee need not be members of the county legislative body.
    2. (2)
      1. (A) Notwithstanding subdivision (b)(1), in counties having the following populations, according to the 1990 federal census or any subsequent federal census, special committees shall be composed of five (5) members:
        3. 13,37513,600
        4. 46,00046,500
        5. 67,60067,900
        6. 77,80078,000
      2. (B) Notwithstanding subdivision (b)(1), in counties having a population of not less than seventeen thousand two hundred fifty (17,250) nor more than seventeen thousand five hundred fifty (17,550), according to the 1990 federal census or any subsequent federal census, the budget committee shall be composed of six (6) members.
  3. (c) The director shall be the ex officio secretary of each such committee.
  4. (d) The budget committee shall establish and approve policies, forms and documents, procedures, and regulations necessary for the preparation of the annual operating and capital improvement budgets.
  5. (e) The investment committee shall establish and approve policies and procedures for cash management and investing idle cash funds in various investments as prescribed by law.
  6. (f) The purchasing committee shall establish and approve policies and procedures for the purchasing of all supplies, equipment or goods for the county.
Backlinks (1)
History (3)
  • Acts 1981, ch. 325, § 5
  • 1992, ch. 789, §§ 1-3
  • 1996, ch. 645, § 1.
§ 5-21-106. Director — Appointment and compensation.
  1. (a)
    1. (1) The committee shall appoint the director.
    2. (2) The committee may dismiss the director, subject to the approval of the county legislative body.
    3. (3) The director shall for all purposes be an employee of the county.
  2. (b)
    1. (1) The director shall have a minimum of a bachelor of science degree from an accredited college or university. Such person shall have had at least eighteen (18) quarter hours or equivalent semester hours in accounting.
    2. (2) The committee may select a person not having a bachelor of science degree or having a sufficient number of hours in accounting; provided, that such person has at least two (2) years of acceptable experience in a related position or an equivalent number of other related courses.
  3. (c) The compensation of the director shall be established by the committee, subject to the approval of the county legislative body.
History (2)
  • Acts 1981, ch. 325, § 6
  • 1986, ch. 732, § 1.
§ 5-21-107. Director — Duties.
  1. (a) The director shall oversee the operation of the department in the functions established by this chapter, and shall be responsible for the implementation of the policies of the committee or such special committees established by the county legislative body.
  2. (b) The director shall, among the director's duties, install and maintain a purchasing, payroll, budgeting, accounting and cash financial management system for the county.
  3. (c) The director shall assist other county officials and employees in achieving an efficient financial management system for the county.
  4. (d) The director has the authority to hire personnel for the finance department; provided, that the positions are funded in the annual budget and the personnel so hired meet the written job requirements as recommended by the director and approved by the committee.
History (1)
  • Acts 1981, ch. 325, § 7.
§ 5-21-108. Director — Deputy.
  1. (a) A person employed by the finance department shall be recommended by the director and approved by the committee to serve as deputy director of finance.
  2. (b)
    1. (1) The person employed for this position shall perform such duties and responsibilities as assigned by the director.
    2. (2) In the absence of the director, the deputy director shall perform the duties of the director necessary to the continued operation of the department, including, but not limited to, the cosigning of warrants, payroll checks and purchase orders.
History (1)
  • Acts 1981, ch. 325, § 8.
§ 5-21-109. Director — Bond.
  1. (a) The director shall execute a blanket bond in an amount of not less than one hundred thousand dollars ($100,000) for the faithful performance of the director's duties as director and of the department employees in accordance with the general law for such bonds.
  2. (b) The cost of such bond shall be paid from funds appropriated to the department for such purpose.
  3. (c) The amount of such bond may be increased subject to the approval of the committee, and additional appropriations by the county legislative body.
  4. (d) The bond must be prepared, executed, filed, and recorded in accordance with title 8, chapter 19.
History (4)
  • Acts 1981, ch. 325, § 9
  • 1998, ch. 677, § 5
  • 2013, ch. 315, §§ 15, 16
  • 2023, ch. 207, § 4.
§ 5-21-110. Budget — Preparation and committee review — Timeline and budgetary process for LEA.
  1. (a) On or before February 1 of each year the budget committee, in conjunction with the director, shall prescribe the budgetary procedures, forms, calendar and other information as may be necessary to implement the budgetary procedures contained in this chapter.
    Backlinks (2)
  2. (b) On request of the budget committee each department or office of county government shall submit a proposed budget for the succeeding fiscal year and such other budgetary information requested by the director of the budget committee.
  3. (c)
    1. (1) From information submitted the director shall prepare a consolidated budget document.
    2. (2) Such document shall show by item the amounts estimated by the various departments and officials required for the efficient operation of the county government from the county general fund, the debt service funds, highway funds, school funds and all other funds.
    3. (3) Such document shall show an estimate of the revenues to be received by each of the funds during the next fiscal year and an estimate of the unencumbered fund balance of each of such funds at the beginning of the fiscal year.
  4. (d)
    1. (1) The director shall file the consolidated budget with the budget committee.
    2. (2) The budget committee shall review and present the recommended budget to the members of the county legislative body in accordance with a calendar and procedures adopted pursuant to subsection (a) or the timeline provided in subsection (e).
    3. (3) Such budget shall contain an itemized and classified plan of all proposed expenditures and estimated receipts for the ensuing fiscal year as submitted by each department, office or agency and recommended by the budget committee, and shall conform to the uniform classification of accounts established by the director in accordance with the prescribed state uniform accounting system.
    4. (4) It is expressly provided that the classification of expenditures and receipts of any and all county school funds for any purpose, administered by the county board of education and county director of schools, shall conform to the classification of accounts as prescribed by the commissioner of education.
    5. (5) The budget committee shall fully provide in the budget for all requirements for debt service, interest and bond maturities and for any cash deficit in any fund at the beginning of the fiscal year, and shall propose a tentative tax rate to fund such budget. The budget committee shall fully provide for any court-ordered expenses, including, but not limited to, deputies' and assistants' salaries authorized by court order pursuant to title 8, chapter 20. The budget, when adopted, shall appropriate funds to fully comply with such court order. The county legislative body shall adopt any budget amendment necessary to implement such court order.
  5. (e) In the absence of a locally adopted calendar and procedures pursuant to subsection (a), the budgetary procedures for the county shall follow the following timeline:
    1. (1) No later than February 1, the director shall deliver forms for all budget requests to all departments, commissions, institutions, boards, offices, and agencies;
    2. (2) No later than March 1, all departments, commissions, institutions, boards, offices, or agencies except the local board of education shall deliver the appropriate estimates and budget request to the director;
    3. (3)
      1. (A) No later than April 1, the county budget committee shall vote upon the proposed budget and the director shall notify the department, commission, institution, board, office, or agency whether the county budget committee approves or rejects the proposed budget;
      2. (B) If approved, the director shall immediately forward the proposed budget to the county legislative body for consideration; or
      3. (C) If rejected, the department, commission, institution, board, office, or agency shall submit a revised budget proposal to the director within ten (10) business days after receipt of notice that the budget proposal was rejected.
    4. (4) No later than May 1, each LEA shall submit a proposed budget to the director; provided that, the LEA may amend the proposed budget after May 1;
    5. (5)
      1. (A) No later than June 1, the county budget committee shall vote upon the proposed budget and the director shall notify the LEA whether the county budget committee approves or rejects the LEA's proposed budget;
      2. (B) If approved, the director shall immediately forward the proposed budget to the county legislative body for consideration; or
      3. (C) If rejected, the LEA shall submit a revised budget proposal to the director within ten (10) business days after receipt of notice that the budget proposal was rejected;
    6. (6) If the county budget committee of the local governing body rejects the first and second budget proposals from any department, commission, institution, board, office, or agency, then the third and any subsequent proposals shall be delivered directly to the county legislative body which shall approve or reject the proposal within ten (10) business days of the body's receipt of the amended proposal; and
    7. (7) If rejected, the department, commission, institution, board, office, or agency shall submit a revised budget proposal to the county legislative body within ten (10) business days after receipt of notice that the budget proposal was rejected.
    Backlinks (2)
  6. (f) The timeline and budgetary process pursuant to this section may be waived or altered, if agreed upon by the county legislative body and the respective department, commission, institution, board, office, or agency.
History (3)
  • Acts 1981, ch. 325, § 10
  • 1993, ch. 515, § 4
  • 2016, ch. 1080, §§ 13, 14.
§ 5-21-111. Budget — Hearings — Supporting documents — County action — Continuing budget.
  1. (a)
    1. (1)
      1. (A) At least ten (10) days before the proposed budget is to be presented to the governing body, the budget committee shall cause to be published in a newspaper of general circulation the proposed annual operating budget.
      2. (B) This budget shall contain a budgetary comparison for the following governmental funds:
        1. (i) General;
        2. (ii) Highway/public works;
        3. (iii) General purpose school fund; and
        4. (iv) Debt service
        5. that shall include comparisons of the proposed budget with the current year and the prior year.
      3. (C) The budgetary comparisons shall be by individual fund and shall summarize revenues by local taxes, state of Tennessee, federal government and other sources. Expenditures shall be summarized by salaries and other costs. The budgetary comparison shall also present beginning and ending fund balances and the number of employee positions.
    2. (2) Such publication shall also contain a notice of a public hearing to be conducted by the budget committee at which any citizen of the county upon five (5) days' written request shall have the right to appear and state such citizen's views on the budget.
  2. (b) The budget committee shall present the budget to the county legislative body in accordance with a calendar adopted pursuant to § 5-21-110(a) or the timeline provided in § 5-21-110(e).
  3. (c) The proposed budget shall be accompanied by a budget message explaining the financial program and outlining the services, work and activities to be financed by the proposed budget and a brief discussion of the means proposed for financing the expenditure program set forth in the budget.
  4. (d) With the proposed budget, the budget committee shall deliver to the county legislative body a budget appropriation resolution and a tax levy resolution.
  5. (e)
    1. (1) The county legislative body may alter or revise the proposed budget except as to provision for debt service requirements and for other expenditures required by law. However, when reviewing the proposed budget of the county department of education, the county legislative body may only alter or revise the total amount of expenditures as proposed and such alterations or revisions shall comply with state law and regulations. Upon alteration or revision of the proposed budget of the department of education, the director of schools shall submit a revised budget within the total expenditures approved by the county legislative body within ten (10) days. If the revised budget complies with the amount of expenditures as adopted by the county legislative body, the revised budget will become the approved budget for the county department of education.
    2. (2) [Deleted by 2015 amendment.]
  6. (f)
    1. (1) After the adoption of the budget, any county department, agency or official shall be entitled to a hearing before the county legislative body in order to justify any proposed additional requests or budget estimates.
    2. (2) The director may make quarterly allotments to any department, agency or official seeking a budget hearing in an amount not in excess of that approved in the budget for such quarter.
    3. (3) Upon amendment of the budget, the director shall make a supplemental allotment or impound the funds of any department, agency or official to bring such appropriations in line with the amended budget.
  7. (g) The budget, the appropriation resolution, and the tax levy resolution, as adopted, shall be spread upon the minutes of the county clerk.
  8. (h)
    1. (1) In the event that the local fiscal body has not adopted a budget by July 1 of any year, and until a final operating budget is adopted, the operating budget for the year just ended and the appropriation resolution for the year shall continue in effect by operation of law without further action of the county legislative body; provided, however, all agencies of the county and other entities receiving appropriated county funds shall not during any month encumber funds in excess of the allotment for a comparable month of the preceding fiscal year, unless specifically authorized to do so by resolution of the county legislative body. The authorizing resolution must identify a corresponding funding source equal to the amount of excess allotment authorized. The excess allotments so authorized shall become a part of the final operating budget. During the time that the continuation operating budget is in effect, the budget may be amended according to the procedures for amending a final operating budget, and amendments shall be made as necessary to provide for debt obligations and court-ordered expenditures.
    2. (2) The continuing budget authorized by this subsection (h) may continue in effect for the months of July and August and, upon approval from the comptroller of the treasury or the comptroller's designee after a showing of extraordinary circumstances, may continue for the month of September; provided, however, no such continuation budget may extend beyond September 30 of any fiscal year. The county shall submit justification for extending the continuing budget through the month of September to the comptroller of the treasury or the comptroller's designee for approval by August 15. The comptroller of the treasury or the comptroller's designee may request any additional information as may be required to properly review the continuing budget extension request. The comptroller of the treasury or the comptroller's designee shall report the comptroller's approval or disapproval to the county legislative body within seven (7) business days after receipt of the request and any requested supplemental documentation, upon which the county legislative body may take action to extend the continuing budget for the month of September. The fact that the county is operating under a continuation budget shall not, by itself, be grounds for disapproval of a tax and revenue anticipation note or other comparable financing.
  9. (i) If the county legislative body and the county school board fail to agree upon a budget for the county department of education by August 31 of any year, then, by operation of law, the budget for the county department of education shall be equal to the minimum budget required to comply with the local match and maintenance of effort provisions of the TISA. However, if for three (3) consecutive years, the county legislative body and school board fail to agree upon a budget and the department of education receives the minimum required funding for that fiscal year by operation of law, then, the budget in the third year shall include a mandatory increase that is equivalent to three percent (3%) of the required funding from local sources for schools; provided, however, this increase shall not be required if during any of those three (3) years the school board failed to submit its budget proposals in accordance with a calendar adopted pursuant to § 5-21-110(a) or the timeline provided in § 5-21-110(e).
History (6)
  • Acts 1981, ch. 325, § 11
  • 1991, ch. 484, § 7
  • 2012, ch. 775, § 1
  • 2015, ch. 170, §§ 3, 4
  • 2016, ch. 1080, §§ 15, 16
  • 2022, ch. 966, § 90.
§ 5-21-112. Appropriations — Later modifications — Impounding.
  1. (a) The appropriations made in the appropriation resolution, or any amendment thereto, shall constitute the limit to expenditures for the various purposes and from the several funds of such county for the fiscal year covered by the resolution, and no expenditure shall be made or obligation created in excess of such limitation.
  2. (b) Any resolution presented to the county legislative body in any fiscal year, after the original appropriation resolution has been adopted and the tax rate for the year fixed by the county legislative body, that provides for an appropriation in addition to those made in the original budget appropriation, shall specifically provide by tax levy sufficient revenues, or designate the source of funds to meet expenditures to be made in consequence of such additional appropriation.
  3. (c)
    1. (1) If at any time during the fiscal year it shall become apparent that the revenues of any of the county's funds, together with its unencumbered cash balance at the beginning of such year, will not be sufficient to equal the amount of the original appropriations, it shall be the duty of the director to impound the appropriations from such fund in such amount as shall be necessary to balance such account. Nevertheless, the impoundment power provided by this section shall not apply to the funds appropriated to the offices of trustee, county clerk, assessor of property, clerks of courts, register of deeds or sheriff.
    2. (2) Upon the written approval of the committee, such impounded funds shall be released.
History (2)
  • Acts 1981, ch. 325, § 12
  • 1993, ch. 515, § 5.
§ 5-21-113. Expenditures — Minor adjustments.
  1. (a) The appropriations made by the county legislative body shall constitute authorization for the expenditures contained therein unless otherwise limited by the county legislative body.
  2. (b) Expenditures may be made and obligations created against any appropriation to an aggregate total of the amount appropriated.
  3. (c) The expenditures and encumbrances against the amounts appropriated shall be made only upon an order or authorization issued by the department.
  4. (d) No expenditures made or obligations created in any manner shall be valid or binding against the county except as provided by this chapter.
  5. (e)
    1. (1) The budget committee, with the consent of any official, head of any department or division that may be affected, may make transfers and adjustments within the smallest budgetary itemization of any subdivision.
    2. (2) Any other transfers or adjustments shall be submitted to the budget committee for its recommendation to the county legislative body.
History (1)
  • Acts 1981, ch. 325, § 13.
§ 5-21-114. Monthly reports.
  1. (a)
    1. (1) The director shall make a report at the end of each month showing the condition of the budget.
    2. (2) Such report shall show for each item of appropriation, or allotment thereof, the total expenditures for the month and the year to date, the amount of outstanding encumbrances and the amount of the unencumbered balance.
    3. (3) Such report shall also show for each fund an itemized statement of the revenues and receipts estimated for the year, the amount of the collections of each item for the month and the year to date and the unrealized portion of the estimate.
  2. (b) Each department head, elected official and board member shall be furnished copies of monthly reports for their respective departments as soon as the same are available.
  3. (c)
    1. (1) The most recent of such reports shall be presented by the director at each regular session of the county legislative body.
    2. (2) At such time, the director shall advise the county legislative body of the condition of the budget, and of any adjustment or reduction of appropriations that should be made, and shall recommend any other action that, in the director's opinion, the county legislative body should take in order that the financial condition of the county is not impaired.
History (1)
  • Acts 1981, ch. 325, § 14.
§ 5-21-115. Accounting system — Preaudit of invoices, etc.
  1. (a) There shall be set up and maintained in the department a system of fiscal procedure, control and centralized accounting, which shall be under the administrative control and direction of the director. The procedures and records shall be maintained in accordance with § 5-21-103(d).
  2. (b)
    1. (1) Before any obligation against the county shall be paid or any disbursement warrant or voucher issued, a detailed invoice, receivable copy of the purchase order, or such document indicating receipt of merchandise or service should be approved by the head of an office, department or agency for which the obligation was made and be filed with the director.
    2. (2) The director shall establish a system for making a careful preaudit of such invoice, purchase order, or other documents, including a comparison with any encumbrance document previously posted or filed authorizing such obligation, and shall approve for payment only such items as appear to be correct, properly authorized, and not exceeding the otherwise unencumbered balance of the allotments or appropriations against which they are chargeable.
    3. (3) Disbursement warrants shall be promptly prepared for all such approved obligations by the director, signed in accordance with § 5-21-116 and mailed or delivered to the payees thereof.
History (2)
  • Acts 1981, ch. 325, § 15
  • 2018, ch. 495, § 2.
§ 5-21-116. Disbursement warrants.
  1. (a) All disbursement warrants drawn on the county trustee for the obligations of all county departments, agencies, and officials, including the county mayor, the county highway department, and the county department of education, shall be signed as provided in this section.
  2. (b)
    1. (1) The disbursement warrants shall be prepared in the finance department, and provided to each department for signing.
    2. (2) Upon preparation of such warrant by the finance department, the department head signing the disbursement warrant shall keep one (1) copy for filing in such department.
    3. (3) The original and all other copies of such warrant shall be returned to the director for such director's signature as a cosigner and for filing and mailing from the finance department.
    4. (4) A duplicate copy of all disbursement warrants, with all original invoices and other supporting documents attached thereto, shall be kept on file in the office of the director.
  3. (c)
    1. (1) In lieu of each department agency or official signing disbursement warrants, the departments may authorize the director to use a signature plate in accordance with the general law and approval by the comptroller of the treasury.
    2. (2) If such signature plate is used, it shall be locked in a safe place when not in use and supervised by the person responsible for its safekeeping when in use.
    3. (3) A record shall be maintained indicating when the signature plate is used, numbers of the warrants signed, and the person using such plate.
Backlinks (1)
History (2)
  • Acts 1981, ch. 325, § 16
  • 2003, ch. 90, § 2.
§ 5-21-117. Payroll account.
  1. (a) The committee shall maintain a special county payroll account at a bank, in which disbursement warrants for the total of each payroll shall be deposited and against which individual net earning checks may be issued to each of the county employees.
  2. (b) The committee may authorize the issuance of such payroll checks on the signature of the director and, in such event, the depository bank shall be so instructed.
History (1)
  • Acts 1981, ch. 325, § 17.
§ 5-21-118. Director as purchasing agent — Optional purchasing department.
  1. (a) The director or a deputy appointed by the director shall serve as the county purchasing agent and shall assist the committee in developing policies and procedures for implementing an economical and efficient purchasing system.
  2. (b) The following shall be the responsibility of the director:
    1. (1) The contract, purchase, or any obligation of the county for supplies, material, equipment, contractual services, rental of machinery, buildings, or equipment, transfer of materials, supplies, and equipment between county offices or agencies;
    2. (2) Supervision of storeroom or warehouse;
    3. (3) Contracts for building construction and the purchase of land;
    4. (4) Public sale of all surplus materials, equipment, buildings and land; and
    5. (5) Any other created obligation of the county.
  3. (c)
    1. (1) Upon the recommendation of the committee and approval of the county legislative body or as authorized by the county legislative body, a separate purchasing department may be established with a person hired as purchasing agent for the county.
    2. (2) In the event a separate purchasing department is established and a purchasing agent is hired, all duties and responsibilities relative to purchasing shall be removed from the director.
History (1)
  • Acts 1981, ch. 325, § 18.
§ 5-21-119. Purchasing system.
  1. (a) The committee, with the assistance of the purchasing agent, shall establish a purchasing system for the county.
  2. (b) Such system shall provide, among other procedures, the following:
    1. (1) Review of all contracts or purchases for biddable supplies, materials, equipment, and other needs of the county, shall be made by the purchasing agent;
    2. (2) No purchase or contract shall be made when the bid prices exceed the current market price for the same merchandise or service;
    3. (3) Purchases and contracts shall be awarded based on the lowest and best bid;
    4. (4) Specifications development shall be made by the department, agency or official to receive the merchandise, construction or service;
    5. (5) The purchasing agent shall:
      1. (A) Review specifications and changes to allow for maximum competition of prospective bidders;
      2. (B) Prepare formal and informal bids;
      3. (C) Collect sealed bids;
      4. (D) Open bids through a procedure open to the public;
      5. (E) Evaluate, compare and submit bids for approval by the committee, if so deemed by the committee;
      6. (F) Issue purchase orders and contracts; and
      7. (G) Verify receiving the merchandise or service;
    6. (6) The director shall:
      1. (A) Accept requisitions by the department, agency or official, and, if such supplies are not currently on hand, transmit such requisition to the purchasing agent;
      2. (B) Verify budget appropriations before authorizing a purchase;
      3. (C) Approve invoices for payment; and
      4. (D) Pay invoices and obligations of the county as provided herein; and
    7. (7) Emergency purchases, total cost bidding, blanket purchases for small orders, grouping of purchases of the various departments, and other methods for receiving the most competitive price and best bid. Emergency purchases shall be limited to needs arising that are not normally foreseeable. Emergency purchases shall not be permissible if a department or agency fails to properly plan for the need, proper purchasing procedures, and delivery time.
History (1)
  • Acts 1981, ch. 325, § 19.
§ 5-21-120. Bidding.
  1. (a) The committee shall authorize the dollar limitation when formal competitive bids are required but not to exceed the amount as authorized by state law for the highway and education departments or other such amounts as established by law.
  2. (b) Subject to the policies and regulations of the committee, “biddable items” means any need of the county where more than one (1) bidder or contractor in the county's trade area can provide the material or service. Specifications shall not be written to exclude vendors and contractors or limit the bidding to a specific vendor or contractor.
  3. (c) The county shall be liable for the payment of all purchases of supplies, materials, equipment and contractual service made in accordance with this chapter, but shall not be liable for the payment of such purchases made contrary to its provisions unless such item is specifically approved by the committee.
History (1)
  • Acts 1981, ch. 325, § 20.
§ 5-21-121. Conflicts of interest.
  1. (a)
    1. (1) The director, purchasing agent, members of the committee, members of the county legislative body, other officials of the county, members of the board of education, members of the highway commission, and employees of the finance department and purchasing department shall not have a direct interest in the purchase of supplies, materials, equipment, or contractual services for the county. As used in this subdivision (a)(1):
      1. (A) “Controlling interest” means sufficient ownership in a business or company to control policy and management, including the ownership or control of the largest number of outstanding shares owned by any single individual in a business or company; and
      2. (B) “Direct interest” means a contract with a person personally or with a business in which the person is the proprietor, a partner, or the person having the controlling interest in the business.
    2. (2) Such persons shall not have an indirect interest in the purchase of supplies, materials, equipment, or contractual services for the county unless the person publicly acknowledges the interest. A person who is not a member of a governing body and who is required to publicly acknowledge an indirect interest must do so by reporting the interest to the office of the county mayor to be compiled into a list that must be maintained as a public record. As used in this subdivision (a)(2), “indirect interest” means a contract in which a person is interested, but not directly so, and includes contracts where the person is directly interested and is the sole supplier of goods or services in the county.
  2. (b) No firm, corporation, partnership, association or individual furnishing any such supplies, materials, equipment or contractual services, shall give or offer nor shall the director or purchasing agent or any assistant or employee accept or receive directly or indirectly from any person, firm, corporation, partnership or association to whom any contract may be awarded, by rebate, gift or otherwise, any money or other things of value whatsoever, or any promise, obligation or contract for future reward or compensation.
History (3)
  • Acts 1981, ch. 325, § 21
  • 2012, ch. 640, §§ 1, 2
  • 2021, ch. 472, § 1.
§ 5-21-122. Committee members — Compensation.
  1. The county legislative body shall set the compensation based on the service and time rendered in implementing this chapter for members of the various committees created in this chapter.
History (1)
  • Acts 1981, ch. 325, § 22.
§ 5-21-123. County employees unaffected.
  1. (a) Notwithstanding any provision of this chapter, each department, agency or official shall have the authority to hire personnel and set salaries and to determine the needs for its use, all subject to budget limitations and the availability of funds.
  2. (b) The authority of the committee, director or purchasing agent shall be limited to this chapter and such policies necessary to implement this chapter. They shall not have the authority to veto the hiring and dismissal of personnel of the various county departments, agencies, or officials or set salaries or determine the needs of such departments.
History (1)
  • Acts 1981, ch. 325, § 23.
§ 5-21-124. Education department — Withdrawal from system.
  1. (a) In the event the director or purchasing agent established under this chapter does not maintain records, follow accounting and budgetary procedures, and submit timely reports and information as prescribed by state law and the commissioner of education, the commissioner, after a hearing on the issue of such neglect, shall remove the education department of the county involved from the county financial management system established by this chapter by written notification to the presiding officer of the county legislative body.
  2. (b) Upon notice from the commissioner, the county legislative body shall transfer sufficient funds from the control of the department to provide financial services in the county education department under the supervision of the county director of schools, as provided by general law.
  3. (c) State funds may be withheld for failure to provide adequate funds to transfer the responsibilities to the education department.
History (1)
  • Acts 1981, ch. 325, § 24.
§ 5-21-125. Violations — Penalties.
  1. Any official or employee of the county, or of any institution or agency thereof, who fails or refuses to perform the duties required by this chapter or who fails or refuses otherwise to conform to this chapter commits a Class C misdemeanor, and is subject to removal from office or position.
History (2)
  • Acts 1981, ch. 325, § 29
  • 1989, ch. 591, § 113.
§ 5-21-126. Adoption of system.
  1. (a) This chapter shall be local in effect and shall become effective in a particular county upon a two-thirds (⅔) majority vote of the county legislative body adopting this chapter, or upon a majority of the voters casting votes in any election held for the purpose of approving this chapter.
  2. (b)
    1. (1) The procedure for elections held for the purpose of approving this chapter shall be that the county election commission shall call and conduct an election on the question pursuant to § 2-3-204 after receiving a petition signed by ten percent (10%) of the qualified voters of the county, stating that they favor this law and requesting that an election be held in the county on the subject, the number of qualified voters in the county being deemed to be the total number of votes cast for all candidates for governor in the last general election; or upon a resolution of the county legislative body, duly certified to the election commission, requesting such an election.
    2. (2) In such an election, the propositions to be voted upon shall be stated on the ballot on separate lines in the following manner: “For the county financial management system” and “Against the county financial management system.”
  3. (c) This chapter shall not apply in any county having a population of not less than two hundred seventy-six thousand (276,000) nor more than two hundred seventy-seven thousand (277,000), according to the 1970 federal census or any subsequent federal census.
History (2)
  • Acts 1981, ch. 325, §§ 26, 31
  • 1998, ch. 618, § 4.
§ 5-21-127. Implementation of system.
  1. (a) Upon this chapter's becoming law in a county, the county legislative body shall appoint members of the committee at the next meeting of such body.
  2. (b) Within thirty (30) days after such appointment, the committee shall meet, elect a chair, and start the process for hiring a director.
  3. (c) The committee shall also develop plans for implementing the financial management system beginning July 1 of the next fiscal year, and completing the implementation process by August 1 of the second fiscal year.
  4. (d) In implementing the system, the committee and director shall seek recommendations from the comptroller of the treasury, the state department of education, the University of Tennessee's county technical assistance service, and other such organizations.
  5. (e) After an implementation plan has been developed and approved by the committee, a report shall be submitted to the county governing body by July 1 of the fiscal year in which the system is to be implemented.
  6. (f) The committee shall publish in a local newspaper of county-wide circulation a notice specifying that:
    1. (1) The county has adopted the “Local Option Financial Management System” and all employees, vendors and contractors must abide by its provisions beginning on a date specified in the notice; and
    2. (2) The act or policies to implement the act will be available on a date specified in the notice and copies may be obtained at that time.
History (2)
  • Acts 1981, ch. 325, § 25
  • 2012, ch. 578, § 1.
§ 5-21-128. Suspension of private or local acts.
  1. Upon ratification by the county legislative body or the people in a referendum and the full implementation of the chapter's provisions on or before August 1 of the second fiscal year, the operation of all private or local acts relative to county finances, budgeting, and purchasing in conflict with this chapter are suspended until such time as this chapter is revoked as provided in § 5-21-129.
History (1)
  • Acts 1981, ch. 325, § 27.
§ 5-21-129. Revocation of adoption.
  1. (a) This chapter once adopted may be revoked by the same method used to adopt the chapter.
  2. (b) Such revocation shall be effective with the fiscal year beginning at least sixty (60) days after passage of the resolution or referendum.
Backlinks (1)
History (2)
  • Acts 1981, ch. 325, § 28
  • 1986, ch. 732, § 2.
§ 5-21-130. Sale of surplus, obsolete or unusable county-owned property on Internet web site.
  1. In addition to any other methods for sales of county-owned property authorized by law, any county having adopted the County Financial Management System of 1981, compiled in this chapter, is authorized to conduct a sale of county-owned property that has become surplus, obsolete, or unusable on any Internet auction web site that is approved by the county's financial management committee.
History (1)
  • Acts 2008, ch. 890, § 1.
Chapter 23 Written Personnel Policies
§ 5-23-101. Legislative intent.
  1. 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.
History (1)
  • Acts 1997, ch. 361, § 1.
§ 5-23-102. Chapter definitions.
  1. As used in this chapter, unless the context otherwise requires:
    1. (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. (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. (3) “County judge” means any judge who employs one (1) or more county employees; and
    4. (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.
History (1)
  • Acts 1997, ch. 361, § 2.
§ 5-23-103. Adoption of base personnel policies.
  1. (a) 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. (b) 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. (c)
    1. (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. (A) Once annually, on or before November 30 each year; and
      2. (B) Within thirty (30) days after any amendment to the policies becomes effective.
    2. (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. (d)
    1. (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. (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. (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. (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. (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. (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. (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. (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. (e) 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).
History (3)
  • Acts 1997, ch. 361, § 3
  • 1998, ch. 596, §§ 1, 3
  • 2003, ch. 90, § 2.
§ 5-23-104. Required provisions.
  1. The base personnel policies required under this chapter are:
    1. (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. (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. (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. (4) For any employees who are required by law to be tested, policies and procedures for drug testing or alcohol testing, or both.
Backlinks (1)
History (1)
  • Acts 1997, ch. 361, § 4.
§ 5-23-105. Retainer of attorney.
  1. 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.
Backlinks (3)
History (2)
  • Acts 1997, ch. 361, § 5
  • 2003, ch. 90, § 2.
§ 5-23-106. Modification of policy.
  1. 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.
History (1)
  • Acts 1997, ch. 361, § 6.
§ 5-23-107. Duties of county officials and department heads.
  1. Each county official and each department head within the county is responsible, with respect to the employees of that office or department, for:
    1. (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. (2) Furnishing to each employee a copy of § 39-16-504, relative to falsifying, destroying, or tampering with governmental records;
    3. (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. (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.
History (3)
  • Acts 1997, ch. 361, § 7
  • 1998, ch. 773, § 1
  • 2011, ch. 378, § 5.
§ 5-23-108. Existing authority to be retained by officials.
  1. 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.
History (1)
  • Acts 1997, ch. 361, § 8.
§ 5-23-109. Actions by counties against official or employee in derogation of chapter.
  1. 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.
History (1)
  • Acts 1997, ch. 361, § 9.
§ 5-23-110. Mandamus to compel compliance.
  1. 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.
History (3)
  • Acts 1997, ch. 361, § 10
  • 1998, ch. 596, § 2
  • 2003, ch. 90, § 2.
§ 5-23-111. Compliance with Title VI.
  1. 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).
History (1)
  • Acts 1997, ch. 361, § 13.
§ 5-23-112. Applicability.
  1. 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.
History (1)
  • Acts 1997, ch. 361, § 11.