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WELCOME TO COOP 2014

WELCOME TO COOP 2014. CTAS Website Tour. COUNTY GOVERNMENT. OVERVIEW OF OFFICES. County Government.

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WELCOME TO COOP 2014

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  1. WELCOME TO COOP 2014

  2. CTAS Website Tour

  3. COUNTY GOVERNMENT OVERVIEW OF OFFICES

  4. County Government • A collection of offices, boards and commissions with limited powers and duties defined by general law-- and in some cases modified by county or metropolitan charter -- and supplemented by private acts • Cannot succeed without cooperation

  5. Tennessee Constitution • Limits power of Legislature • Few limits on what Legislature may enact regarding county and city government • Duties of officials set by Legislature • Constitutional requirements differ for counties with consolidated county/city government or county charters

  6. Three Forms of County Government • Basic Form (90 Counties) • Metropolitan Government (Consolidated County/City Government) (Davidson, Moore, and Trousdale Counties) • County Charter (Home Rule) (Shelby and Knox Counties)

  7. Basic Form • Constitutional Officers - Tenn. Const. Art. 7 • County Executive (Mayor) • County Commissioners • Sheriff • Trustee • Register • County Clerk • Assessor of Property

  8. Other Offices • Clerks of Court (Tenn. Const. Art. 6) • Inferior court clerks (elected) • Clerks and masters (appointed by chancellors) • Offices, positions created or authorized • General law • Private act

  9. Basic Form • Collection of offices and positions • No hierarchy • Most offices “independent” • County Mayor has few statutory powers • County Legislative Body has limited powers granted by statutes

  10. TCSA Officials • COUNTY MAYORS / EXECUTIVES • COUNTY COMMISSIONERS • HIGHWAY OFFICIALS

  11. County Mayor • Required constitutional office except in counties with a metropolitan government or county charter • One of several constitutional county officers • Popularly elected to a 4-year term • Tenn. Const. Art. 7, Sec. 1

  12. County Mayor • Duties determined chiefly by general law • Private act may add duties not conflicting with general law • Must share many executive duties with other constitutional offices • Powers may be enhanced or lessened by county charter or metro charter, if office retained

  13. County Mayor • Powers and duties detailed in Tennessee Code Annotated and supplemented in some counties by private act • No implied powers • Power rests more on persuasion than law

  14. County Mayor • General agent of county • Chief financial officer • Legislative leader - chair or veto power • Executive appointments - limited • “Representative” of county

  15. County Mayor • Interacts with almost all county offices and entities • County legislative body chair or veto power • Budget preparation • Defends salary suits and signs letters of agreement • Signs warrants or checks in most counties

  16. County Commissioner • One of 9 to 25 members of the county legislative body (known as the board of county commissioners or county commission in non-metro counties) • Elected to a term of 4 years as required by Tennessee Constitution (Art. 7, Sec. 1)

  17. County Legislative Body • Powers given by general law codified in Tennessee Code Annotated • Private acts may supplement powers given by general law • Metro Councils have combined powers of city council and county commission

  18. County Legislative Body • Elects chair and chair pro tempore at first meeting after September 1 for one-year term • May elect one of its own members or county mayor as chair • County mayor may refuse election and retain veto power

  19. County Legislative Body • Levy of property tax rate and adoption of annual budget are most important duties • No upper limit on property tax rate, not subject to referendum • Must meet state funding requirements (schools, official salaries, court orders, etc.) • Must balance budget

  20. County Legislative Body • Has power to issue debt - sometimes subject to referendum • Has power over county property not in hands of school board, including power of condemnation, purchase and sale • Assigns space to county officials and courts

  21. County Legislative Body • Decides whether fee offices are on “budget” system -- all fees go to general fund monthly and all expenses of the office are budgeted -- or “fee” system -- offices turn over only “excess” fees quarterly and salaries and expenses are paid from fee account • Sheriff is always under “budget” system

  22. County Legislative Body • Interacts with many offices • Approves budgets • Approves county road list • Confirms many executive appointments • Fills vacancies in county offices • Approves official bonds of many offices

  23. County Legislative Body • Regulatory Powers (where specifically granted by statute) • Examples: • Zoning • Building Codes/Permits/Inspections • Animal control • Upon 2/3 vote, may adopt certain city-type ordinances, e.g., nuisance regulations

  24. County Legislative Body • May adopt optional general laws by 2/3 vote • May approve private acts passed by General Assembly by 2/3 vote if private act calls for county legislative body approval instead of referendum approval

  25. Highway Officials • Chief Administrative Officer • Popularly elected • Appointed • Highway Board Member (some counties) • Most are popularly elected • Appointed

  26. Highway Officials • Most counties operate under a general state law known as the County Uniform Highway Law (CUHL) • Shelby, Davidson, Knox and Hamilton counties are not under the CUHL

  27. Highway Officials • Chief administrative officers in CUHL counties serve a term of 4 years whether or not popularly elected (as determined by private act) • Highway Boards are optional - most established by private act - members selected and serve according to private act

  28. Highway Officials • Under the CUHL, the chief administrative officer exercises general policy making powers over the road system • This includes general control over the location, relocation, construction, reconstruction, repair and maintenance of the county roads

  29. Highway Officials • Under the CUHL, the chief administrative officer has full personnel powers -- to hire, dismiss, and set salaries and wages within budget, even if there is an elected highway board • Purchasing officer for the highway department not determined by the CUHL

  30. Highway Dept. Budget • Under CUHL, county legislative body may not set budget line items in such detail as to limit ability of chief administrative officer to set pay for highway personnel • Salary of chief administrative officer set by county legislative body at or above minimum required by general law, 10% more than general officers (trustee, etc.)

  31. COUNTY GOVERNMENT BASIS OF AUTHORITY

  32. Basis of Authority • STATE OF TENNESSEE • Creates and empowers counties • UNITED STATES OF AMERICA • Does not empower counties, but limits power of the state and its subdivisions such as counties • Example: anti-discrimination laws

  33. Nature of Authority • COUNTY GOVERNMENT • Can only do what is authorized by state law • Must find authority in statutes • PRIVATE BUSINESS • Can do anything not prohibited by law

  34. Sources of Authority • GENERAL LAW - Public Acts of Tennessee General Assembly • PRIVATE ACTS of the Tennessee General Assembly approved locally • COUNTY OR METRO CHARTER

  35. County Authority • Granted by state statutory law • Counties and county officials have NO power to act outside of power granted through state statutes • Federal law may limit action but does not empower county officials

  36. General Law • Public Chapters enacted by the General Assembly (codified in Tennessee Code Annotated) • General Application or Local Application • Mandatory • Permissive • Local Option • Usually adopted by 2/3 vote of county commission or approved by referendum

  37. Private Acts • Source of authority when general law is silent (example: hotel/motel tax) • Constitutionally suspect if in conflict with a general law (Tenn. Const. Art. 11, Sec. 8) • Must be enacted by General Assembly and receive local approval by 2/3 vote of county commission or majority in referendum

  38. Metro Charters • Metropolitan Government merges a county with its most populous city with option for other cities in county to join • Under enabling general law, metro government has powers of a county and a city • Wide power granted to restructure local government through metro charter • Must be approved by majority votes both inside and outside most populous city

  39. County Charters • An alternative form of county government provided by Tennessee Constitution since 1978 as enabled by General Assembly and approved in county referendum • Enabling law gives power to restructure county government and adopt ordinances

  40. 95 Different Counties • Each county has different laws operating within the county • due to exceptions in the general law, optional laws, private acts and possibly county charters or metropolitan government charters, each of which can differ greatly • Officials must consult with their county attorney to determine what they can and cannot do

  41. COUNTY OFFICIALS BONDS AND OATHS

  42. Official Bond • A promise by the official to faithfully perform the duties of the office, pay over all monies and properties that come into the officer’s hands to the persons authorized by law to receive them, safely keep all records required by law, and turn over all property and records to successor

  43. Official Bonds • Forms prescribed by Comptroller • Made payable to state upon failure of official to keep promises made in bond • Bond is to protect county and state, not the official (surety may sue official to recover payout under bond!) • Surety premium paid by county

  44. Official Bonds • County legislative body or court approves • Recorded with Register of Deeds • Filed with the County Clerk within 40 days of election or 20 days after the term of office begins

  45. Official Bonds • Amount of bond may be increased by county legislative body • Corporate surety or individual surety • County legislative body decides • Blanket bonds • Separate rider for each official • Counties are required to have $150,000 (minimum) blanket bond for all county employees not otherwise covered by individual bonds

  46. Official Bonds • County Mayor • $100,000 • filed with County Clerk • County Commissioner - no bond • Highway Chief Administrative Officer • $100,000 • filed with County Clerk

  47. Official Bonds • Failure to file bond in the proper office on time results in a vacancy in office! • T.C.A. § 8-19-117 • It is a Class C misdemeanor to perform any official act before your bond is approved! • T.C.A. § 8-19-119

  48. Oaths • Constitutional Oath and Oath of Office • May take any time after receiving certificate of election • Administered by judge, county mayor, county clerk or member of the General Assembly • Filed with county clerk • It is a Class C misdemeanor to perform the duties of your office prior to taking and filing your oaths. T.C.A. § 8-18-113.

  49. Oaths • Sample Oaths of Office may be found on e-Li (Reference No. CTAS-30)

  50. BREAK

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