PRIVATE ACTS OF GILES COUNTY, TENNESSEE REVISED EDITION

Transcription

1 PRIVATE ACTS OF GILES COUNTY, TENNESSEE REVISED EDITION COUNTY TECHNICAL ASSISTANCE SERVICE THE UNIVERSITY OF TENNESSEE INSTITUTE FOR PUBLIC SERVICE NASHVILLE, TENNESSEE Original Compilation By William C. McIntyre, County Legal Specialist December, 1981 Revised and Edited By Steve Lobertini, Legal Consultant and Stephany A. Skaggs, Administrative Assistant 1994 Updated By Stephen Austin, Legal Consultant 2013

2 PREFACE County government in Tennessee is a political subdivision of state government. As a political subdivision, county government has only that authority which is delegated to it by the state. In Tennessee, the process of delegation of power from state government to county government is accomplished through legislative action of the general assembly, either through a general (public) act or private act. In the case of the general act, the general assembly grants certain powers which have general application to all or a large number of counties across the state. These general acts are assembled and codified in the Tennessee Code Annotated which is revised and published on an annual basis and is widely available. However, finding individual county legislation (private acts) is not so easy since it is not published in the official code. The presence of a large body of private legislation in this state is the result of two basic factors. First, although the Tennessee Constitution mentions some county government offices, the provisions of the Tennessee Constitution dealing with county government lack detail, thereby allowing the general assembly wide latitude in county government administration. Secondly, the Tennessee General Assembly has seen fit to enact much of the law relating to county government on an individualized county-by-county approach. The result has been that the 95 counties in Tennessee operate under both general laws and private acts. This body of private legislation is a mass of separate acts, with each applying to only one or a very small group of counties. Since these acts affect counties on an individual basis, they are not included in the Tennessee Code Annotated but rather are published annually in separate volumes. The result of this past method of publication of private legislation has been the accumulation of a large portion of county law in a cumbersome mass of chronologically arranged volumes which at last count numbered over 120 books. To further complicate matters, the older volumes have not been reprinted, so that there are today only a handful of complete sets of the private acts in existence. Nevertheless, scattered through these hard-to-obtain volumes is the only public record of those laws from which Tennessee counties draw a large portion of their authority to govern and under which they operate daily. Before the County Technical Assistance Service began compilation of the private acts on a county-by-county basis, there was no statewide effort to organize these acts into a body of current law easily accessible for reference by county officials and interested citizens. It is our hope that this volume of The Private Acts of Giles County will provide a useful reference for county administration in Giles County. We are indebted to the Giles County legislative delegation for its continued support of the County Technical Assistance Service and this compilation. i

3 HOW TO USE THE PRIVATE ACTS OF GILES COUNTY At least three methods can be used to locate a private act contained in this volume. The method used will depend on the amount of information you have at the outset of your research. First, when you have no information about any specific act but merely a general question as to the law on a given subject, the table of contents can be used to ascertain the pages of this volume pertaining to that particular subject area. The chapter headings found in the table of contents are arranged alphabetically and conform to what the compiler believes to be the most commonly used terms found in county government in Tennessee. You should note, however, that the table of contents is general in nature and is not a word index. A second method can be used if you already know the year and chapter number of an act in question. The parallel reference table in the back of this volume affords a reference to the pages containing the desired act or acts. Finally, if you have a copy of the Tennessee Private Acts Index (The Michie Co., Charlottesville, VA, 1984), it can be used as a more complete word index. Upon ascertaining the chapter and year of the private act of interest, the parallel reference table in this volume can be used to locate the private acts. The private acts currently in effect for the county are reprinted in this volume. When going through this volume you will note that there are some acts noted herein which are no longer current laws due to subsequent passage of acts which have superseded them in usage. The compiler has described these acts which have been superseded in historical notes at the end of the chapter wherein the current act on the subject is reprinted. Under topic headings throughout this volume, brief summaries or references are made to general law codified in Tennessee Code Annotated that deals with the particular topic. The acts that are printed in full in this volume include any subsequent amendments to the act. Although no statement is made regarding whether the amendatory act was ratified, the ratification was checked by the compiler to insure that the amendatory act was approved locally and is in effect. This compilation is updated through the 2013 session of the Tennessee General Assembly. ii

4 Table of Contents CHAPTER I - ADMINISTRATION... 1 BUDGET SYSTEM... 2 COUNTY ATTORNEY... 3 COUNTY CLERK... 6 COUNTY MAYOR... 7 (COUNTY EXECUTIVE)... 7 COUNTY EXECUTIVE TITLE REDESIGNATED COUNTY FARM, COURTHOUSE, AND JAIL FUND COUNTY LEGISLATIVE BODY COUNTY REGISTER COUNTY TRUSTEE PURCHASING SOUTHERN WATER AUTHORITY GENERAL REFERENCE AUDITOR INTERNAL IMPROVEMENT BOARD LIVESTOCK INSPECTOR ZONING CHAPTER II - ANIMALS AND FISH CHAPTER III - BOND ISSUES ASYLUM BRIDGE AND DRAINAGE BUILDING COURTHOUSE DEBTS HOSPITALS ROADS SCHOOLS CHAPTER IV - BOUNDARIES CREATION OF THE COUNTY CHAPTER V - COURT SYSTEM BOARD OF JURY COMMISSIONERS - JURORS GRAND JURY CLERK CHANCERY COURT CLERK AND MASTER (PROBATE JURISDICTION) CIRCUIT COURT CLERK CRIMINAL COURT DISTRICT ATTORNEY GENERAL ASSISTANTS AND CRIMINAL INVESTIGATORS GENERAL SESSIONS COURT iii

5 JUVENILE COURT SECRETARIAL ASSISTANCE CHAPTER VI - EDUCATION/SCHOOLS BOARD OF EDUCATION PROSPECT HIGH SCHOOL DISTRICT SCHOOL DISTRICTS PROSPECT HIGH AND ELEMENTARY DISTRICT SUPERINTENDENT OR DIRECTOR OF SCHOOLS TEACHER RETIREMENT GENERAL REFERENCE CHAPTER VII - ELECTIONS DISTRICTS - REAPPORTIONMENT CHAPTER VIII - HEALTH CHAPTER IX - HIGHWAYS AND ROADS BOOKKEEPER CHAPTER X - LAW ENFORCEMENT JAILS AND PRISONERS MILITIA OFFENSES SHERIFF CHAPTER XI - TAXATION ASSESSOR OF PROPERTY HOTEL/MOTEL TAX MINERAL DEPOSITS MOTOR VEHICLE TAX ORDINARY PURPOSE TAX iv

6 CHAPTER I - ADMINISTRATION 1

7 ADMINISTRATION BUDGET SYSTEM Counties in Tennessee may operate their budgeting system under one of the three optional general laws on the subject or under the provisions of private acts or county or metropolitan government charters. The three optional general laws dealing with budgeting are the County Budgeting Law of 1957, the County Financial Management System of 1981 and the Local Option Budgeting Law of If neither an optional general law nor a private act or county charter has been adopted, the county may have established a budget committee by resolution to serve in an advisory role to the county legislative body. Also see T.C.A through , and T.C.A (school budget). Most counties are subject to a general law dealing with the procedure for making budget amendments that is codified at T.C.A The County Budgeting Law of 1957 is found in title 5, chapter 12 of Tennessee Code Annotated. It is a general law establishing procedures for the preparation and adoption of county budgets for all county funds, activities and agencies. The County Budgeting Law of 1957 is permissive legislation and in order to come under its provisions, counties must adopt a resolution by 2/3 vote of the county legislative body or pass the proposal in a referendum. Section of Tennessee Code Annotated specifically provides that the 1957 general law does not affect either private acts then in existence or prevent the enactment of private legislation for Tennessee counties creating central accounting systems, the position of budget director, or other budgeting procedures. The County Financial Management System of 1981 is codified at T.C.A et seq. This law provides an optional system and methods of controlling the financial affairs of a county, including budgeting, purchasing, and investment processes. This act is permissive in nature and can be activated by a two-thirds (2/3) vote of the county legislative body, or by a majority vote in a referendum election. The Local Option Budgeting Law of 1993 is an optional general law located at T.C.A through This law may be adopted by a two-thirds (2/3) vote of the county legislative body. This law may be adopted and used in conjunction with the County Budgeting Law of 1957 or the County Financial Management System of 1981, or used alone. This optional law provides procedures for the formulation, adoption and amendment of an annual budget that includes deadlines for action. If a county legislative body operating under this law fails to adopt a budget by August 15, the portion of the budget prepared by the department of education goes into effect, and similarly, the remainder of the budget as proposed by the county executive or budget committee goes into effect. 2

8 ADMINISTRATION COUNTY ATTORNEY PRIVATE ACTS OF 1931 CHAPTER 255 SECTION 1. That the office of County Attorney of all counties in the State of Tennessee, having a population of not more than 28,026 and not less than 28,006, according to the Federal Census of 1930 or any subsequent Federal Census, be, and the same is, hereby created and said officials shall be elected by the Quarterly Court of all such counties at its regular July Term in quarterly session assembled, for a period of four years and until a successor is duly elected under the provisions of this Act, provided, however, the first election of a County Attorney under this Act shall take place at the July Term of the Court in quarterly session assembled in the year 1933, and, provided, further, that any Attorney now acting or serving as County Attorney by virtue of having been elected by the Quarterly Court shall serve and be the County Attorney until the quarterly meeting of the County Court in July, 1933, and should for any reason, a vacancy occur before the first election as herein provided in 1933, the Governor shall immediately appoint another County Attorney to serve until the first election in July of Every four year from the said July term in 1933, the said Court shall elect a succeeding official for said office for a term of four years or until his successor shall be duly elected in accordance with the provisions hereof. SECTION 2. That the salary of said County Attorney or any Attorney now serving as County Attorney, who, under the provisions of this Act would serve until the first regular election herein provided, shall be $ per annum, provided, however, that said sum of $ per annum shall be and is hereby fixed as a minimum annual salary of said office, and said quarterly session of said courts shall have and possess the power and is hereby authorized, at its July Term of Court at which the County Attorney may be elected, under the provisions of this Act, to fix such salary per annum of such office at a larger or greater amount than the minimum annual salary fixed herein, not to exceed the sum of $1, per annum, which sum of $1, shall be the maximum amount fixed, if any, by said Court in its discretion as the salary of said office. If not fixed at an amount over and above the herein fixed minimum salary of $ per annum, in accordance with the provisions of this Act, then in that event, the salary of said office shall be the said minimum salary, fixed herein of $ per annum. The annual salary of said office shall be paid in equal monthly installments on the first day of each and every month, payable out of the general funds of the county upon the warrant of the County Judge or Chairman of the County Court directed to the County Trustee, and the salary of said official as fixed herein or as to be fixed under the provisions hereof, shall not be increased or diminished during the term of office for which such salary is fixed. SECTION 3. That the duties of the County Attorney shall be to give and render legal aid and advice to any and all county officials and duly appointed deputies or employees in matters relating to their official work and official duties, to transact the usual legal business of the county, in Court or otherwise, to meet with the Quarterly Court at its sessions and to aid and give legal advice and render legal services to its duly appointed committees and representatives and to render such other services in behalf of the county as may reasonably be deemed and construed to 3

9 be the usual, customary, and ordinary duties of a County Attorney, and to appear for and in behalf of the county in hearings, proceedings, suits, causes, and matters affecting the county or its interests wherever and whenever the same may be held or pending, when properly instructed or requested so to do by the Quarterly Court of said counties or the officials of the county acting within the scope of their authority. SECTION 4. That the Quarterly Court of said counties shall have the power and is hereby authorized to appropriate money and pay for stenographic, printing, office, and traveling expenses of said County Attorney accrued in the attention to, and services rendered in matters in behalf of the county when and only when any claim or bill for such expenses are properly made out, sworn to, approved by the County Attorney, filed with the Clerk of the County Court, and considered, allowed, and ordered by the Quarterly Court and said Court shall allow or disallow such claims or bills for such expenses as it may in its discretion deem proper. SECTION 5. That nothing in this Act shall be construed as to prohibit or restrain the said Quarterly Court from fixing, allowing, and appropriating, and paying any fee or fees for services rendered by the Attorney who may be elected and serving as County Attorney under the provisions of this Act, in extra, unusual, and out of the ordinary litigation and matters requiring an unusual amount of work and time or of great length or duration or for work and services which would not be reasonably deemed to be the usual and ordinary work or duties of a County Attorney, provided, however, that no such fee or fees for such extra or unusual work or services shall be paid to the Attorney, except by the expressed action and vote of the Quarterly Court. SECTION 6. That should any Section or part thereof in this Act be held invalid for any reason, then such invalid Section or part thereof shall not affect or render invalid any other Section or part thereof in this Act if such Section or part thereof may be construed to be independent of, or is capable of being applied independently of, such invalid Section or part thereof. SECTION 7. That all Acts of parts of Acts in conflict with this Act, or any part thereof, be and the same are hereby repealed. SECTION 8. That this Act take effect from and after its passage, the public welfare requiring it. Passed: March 21,

10 ADMINISTRATION COUNTY ATTORNEY The office of county attorney is not a constitutional office nor is it an established office under general law. The office of county attorney may be set up by private act. The county executive is authorized by T.C.A to employ counsel where there is no county attorney established by private act or county or metropolitan government charter. The general law at T.C.A authorizes the board of education to employ legal counsel to advise or represent the board. The County Uniform Highway Law authorizes county highway departments subject to this general law (most counties) to employ legal counsel or to solicit the use of legal counsel retained by the county to prosecute or defend litigation caused by or necessary to the operation of the county highway department. T.C.A There may be other private acts which allow other governmental departments to hire attorneys. 5

11 ADMINISTRATION COUNTY CLERK The county clerk, formerly the county court clerk, is a constitutional office as provided by article VII, section I of the Constitution of Tennessee. The county clerk is popularly elected for a term of four years. T.C.A The bond required for county clerks is $50,000 in counties with a population greater than 15,000 and $25,000 in counties with a population less than 15,000. T.C.A Most of the duties of the county clerk are specified in the general law (public acts) codified in Tennessee Code Annotated. The county clerk is the clerk of the county legislative body. The clerk keeps the official record (minutes) of the legislative body. The county clerk is responsible for the issuance of marriage licenses and pawnbrokers' licenses. The county clerk is the collector for a number of local and state taxes including local wheel taxes, local hotel/motel taxes, wholesale beer tax, business taxes and vehicle registration fees. T.C.A The clerk's salary is determined by T.C.A The basic fee schedule for the county clerk is found at T.C.A The following act once affected the office of county clerk in Giles County. It is included herein for historical purposes. 1. Private Acts of , Chapter 294, provided that the county court clerk of Giles County be paid $1.00 as a fee for recording the proceedings of a person applying to the county court to build a grist mill on any stream in the county. The court would appoint three commissioners to look at the site of the proposed mill to determine that it would not interfere with the navigation of the stream and, if not, the permit to build would be issued. 6

12 ADMINISTRATION COUNTY MAYOR (COUNTY EXECUTIVE) PRIVATE ACTS OF 1893 CHAPTER 77 SECTION 1. That there shall be elected by the qualified voters of Giles County, a person learned in the law, to be styled county executive of Giles County, and who shall be the county executive of said county, and who shall be thirty years of age; and who shall hold his office for a term of eight years from the date of his election, and until the election and qualification of his successor. Said person shall be a citizen of Giles County, and a person of good moral character. SECTION 2. That the first election for county executive of Giles County shall be held at the same place and time, and by the same officer that the other county elections are held, on the first Thursday in August, 1894, and under the same rules and regulations that are prescribed by law for other county elections; and subsequent elections (except vacancies, which shall be filled when they occur in the manner prescribed by law) on the first Thursday in August every four (4) years thereafter; and in case of sickness, incompetency, or inability of the county executive, a special executive may be elected under the same provisions, and with the powers of said county executive, in the same manner as prescribed by Section 4695, Milliken & Vertrees' compilation of laws of Tennessee. As amended by: Private Acts of 1973, Chapter 158. SECTION 3. And the office of chairman of the county court of Giles County, and the office of chairman pro tem. of the county court of said county, are abolished from and after the first Monday in January, As amended by: Private Acts of 1973, Chapter 158. SECTION 4. That the county executive of Giles County shall receive for his services as county executive aforesaid the sum of one thousand dollars per annum, to be paid monthly out of the revenue of the county upon the executive's own warrant, countersigned by the county court clerk, and said one thousand dollars shall be in full for all fees, compensation, and emoluments connected with said office. As amended by: Private Acts of 1909, Chapter 40. SECTION 5. That nothing in this Act shall interfere with the holding of the office of chairman of the county court of said county by the present incumbent until the expiration of his term, on the first Monday in January, SECTION 6. That it shall be made the duty of the governor to appoint a competent person to hold the office of county executive of said county from the first Monday in January, 7

13 1894, to the first Monday in September, 1894, and until his successor is elected and qualified. SECTION 7. That the county executive provided for in this act shall be required to enter into bond, with sufficient security, as the county court, at its quarterly term, may require as the financial agent of the county. Passed: March 16, COMPILER'S NOTE: Parts of this act may have been superseded by Tennessee Code Annotated, Title 5, Chapter 6. 8

14 ADMINISTRATION COUNTY MAYOR (COUNTY EXECUTIVE) PRIVATE ACTS OF 1973 CHAPTER 158 COMPILER'S NOTE: Section one of this act amends Private Acts of 1893 Chapter 77 and those changes are included in full in the preceding pages. SECTION 2. Each and every executive, administrative and other non-judicial duty, function, authority and responsibility vested in the office of County Judge of Giles County, including service as presiding officer of the Quarterly County Court of said county, shall continue to be vested in the said officer and office, and the incumbent in the said office shall continue to bear the title of County Judge of said county, it being the legislative intent that the County Judge of Giles County be and constitute exclusively an executive and administrative office and officer and not a judicial officer and office. SECTION 3. The incumbent County Judge of Giles County shall remain in that office for the remainder of such judge's elected term, and after that time shall be eligible to run and serve for a four (4) year term and as many successive four (4) year terms as such incumbent or succeeding incumbent, as the case may be, shall desire. Any incumbent shall hold the office until his successor is duly elected and qualified. SECTION 4. As compensation for all of the duties of the County Judge of Giles County, such judge shall receive the compensation authorized for County Judges by the general law of the state of Tennessee, the same to be payable in equal monthly installments by warrant drawn on the general funds of the county. SECTION 5. There is hereby transferred all of the judicial duties formerly vested with the County Judge of Giles County to the General Sessions Court of Giles County created by Chapter 186 of the Private Acts of 1943 and such General Sessions Court shall assume all of the judicial functions formerly exercised by the County Judge of Giles County beginning on the date of final approval of this act, including but not limited to all of the jurisdiction and authority conferred by Tennessee Code Annotated, Title 37, Chapter 2, upon the county judge or chairman of the county court as a juvenile court, and all of the jurisdiction and authority conferred by Tennessee Code Annotated, Title 16, Chapter 7, upon the county judge or chairman or the county court as a judicial officer in probate. With respect to the judicial jurisdiction transferred by this section from the County Judge to the Court of General Sessions, the books, records, accounts, papers and documents pertaining to such judicial matters formerly under the jurisdiction of the County Judge shall remain in the custody and shall be the responsibility of the County Court Clerk and such clerk shall continue to have and perform the clerical functions with respect to such judicial matters. 9

15 As Amended by: Private Acts of 1974, Chapter 309. SECTION 6. This Act shall have no effect unless it is approved by a majority of the number of qualified voters of Giles County voting in an election on the question of whether or not the Act should be approved. Within sixty (60) days after this act becomes a law, the County election commissioners of Giles County shall call an election for Giles County, to be held not less than thirty (30) days, nor more than one-hundred eighty days from the date of the call. The ballots used in the election shall have printed on them the substance of this Act and voters shall vote for or against its approval. The votes cast on the question shall be canvassed and the results proclaimed by the county election commissioners and certified by them to the Secretary of State as provided by law in the case of general elections. The qualifications of voters voting on the questions shall be the same as those required for participation in general elections. All laws applicable to general elections shall apply to the determination of the approval or rejection of this act. The cost of the election shall be paid by Giles County. SECTION 7. For the purpose of approving or rejecting the provisions of this act, it shall be effective upon becoming a law, the public welfare requiring it. For all other purposes, it shall become effective upon being approved as provided in Section 6. Passed: May 3, 1973 COMPILER'S NOTE: Our research indicates that although the Private Acts of 1973, Chapter 158 was never certified to the Secretary of State's office, it has been acted upon by local government and is therefore operative. 10

16 ADMINISTRATION COUNTY MAYOR COUNTY EXECUTIVE TITLE REDESIGNATED PRIVATE ACTS OF 2005 CHAPTER 71 SECTION 1. Pursuant to Tennessee Code Annotated, Section (d)(2), the title of county mayor in Giles County is hereby redesignated as county executive. SECTION 2. This act shall have no effect unless it is approved by a two-thirds (2/3) vote of the legislative body of Giles County. Its approval or nonapproval shall be proclaimed by the presiding officer of Giles County and certified to the secretary of state. SECTION 3. For the purpose of approving or rejecting the provisions of this act, it shall be effective upon becoming a law, the public welfare requiring it. For all other purposes, it shall become effective as provided in Section 2. Passed: May 27,

17 ADMINISTRATION COUNTY MAYOR All counties in Tennessee, except those with a metropolitan form of government, must have an elected county executive who is formally entitled county mayor unless entitled county executive by private act. T.C.A The county mayor serves a four year term. The county mayor is the chief executive officer of the county and has all of the powers and duties formerly exercised by the county judge except judicial powers. The county mayor serves as a nonvoting, ex officio member of the county legislative body, and the county mayor or a representative of the county mayor serves as a nonvoting member of all committees of the legislative body. T.C.A The county legislative body may elect the county mayor as its chairman. However, the county mayor may refuse to serve as chairman. T.C.A If the county mayor is not elected chairman, then the county mayor may veto legislative resolutions of the county legislative body. T.C.A Except as otherwise provided by law, the county mayor appoints members of county boards and commissions and county department heads. Such appointees are subject to confirmation by the county legislative body. T.C.A (c). It is important to recognize that most boards and department heads are provided for by general law or private act, and this residual appointive power of the county mayor may not be applicable. The county mayor is authorized to employ one or more clerical assistants as may be necessary for the performance of his or her official duties. The county mayor sets the compensation for these clerical assistants within the amount appropriated for this purpose by the county legislative body. T.C.A The references below are of acts which once applied to the office of county judge, or county executive in Giles County. They are included herein for historical purposes only. Also referenced below are acts which repeal prior law without providing new substantive provisions. 1. Private Acts of 1856, Chapter 253, created an office of county executive in every county who would be elected by the people for four year terms and be a person learned in the law; who would hold court on the first Monday of every month. The court was organized and its jurisdictional powers enumerated. This Act was repealed by Acts of , Chapter 5, and all the quorum courts restored. 2. Private Acts of , Chapter 20, authorized and requested the Governor to appoint a suitable person to act as county executive of Giles County during the December term of the court, who would have all the rights, powers, privileges, and obligations as any other county executive. 3. Private Acts of , Chapter 47, created the office of county executive for Lincoln, Hamilton, Franklin, Lawrence, and Giles Counties for a term of eight years and who was not required to be learned in the law. The Executive was also made the accounting officer and financial agent of the county under this Act which abolished the existing powers of the County Court and promulgated new ones. The administrative portions of the act with the exceptions mentioned are similar to preceding legislation in this regard. 12

18 4. Private Acts of 1909, Chapter 40, amended Acts of 1883, Chapter 77, Section 4, published herein, by making the salary of the County Executive payable monthly instead of quarterly as provided in that act. 5. Private Acts of 1909, Chapter 348, set the salary of the County Executive at $100 per month to be paid out of the revenue of the county upon the executive's own warrant countersigned by the County Court Clerk, to be in full compensation for his services in that office. 6. Private Acts of 1917, Chapter 346, raises the executive's salary to $1,800 yearly for his services as County Executive to be paid monthly out of the revenue of the county on the executive's own warrant countersigned by the County Court Clerk. This amount would be in full payment for all services rendered in connection with that office. 7. Private Acts of 1925, Chapter 390, elevates the county executive's compensation to $2,000 annually under the same terms and conditions as those written in the 1917 Act above. This act contains a general repealer. 8. Private Acts of 1939, Chapter 256, permitted the County Executive to employ a secretary to assist him in his work at a salary to be fixed by him but not to exceed $600 yearly, payable in equal monthly payments out of regular county funds. This position apparently was merged into the 1951 Act since no further legislation appears concerning it. 9. Private Acts of 1947, Chapter 847, repeals Acts of 1925, Chapter 390, and there fixes the salary of the County Executive at $2,400 annually, to be paid in monthly installments as required in the previous acts. 10. Private Acts of 1951, Chapter 408, authorized and empowered county executives in counties having a population of not less than 29,230 nor more than 29,250 according to the Federal Census of 1940, to employ clerical help to assist him in performing the duties of his office at a salary not to exceed $300 per month. This act was amended by Private Acts of 1957, Chapter 36, Private Acts of 1961, Chapter 65, and Private Acts of 1965, Chapter Private Acts of 1951, Chapter 409, fixed the compensation of the County Executive for his services as accounting officer and financial agent of Giles County at $1,800 annually payable as before on his own warrant countersigned by the County Court Clerk. This Act was repealed specifically by Private Acts of 1963, Chapter Private Acts of 1963, Chapter 89, repealed Private Acts of 1951, Chapter 409, which set salary of the County Executive for his services as accounting officer and financial agent at $1,800 annually. 13

19 ADMINISTRATION COUNTY FARM, COURTHOUSE, AND JAIL FUND PRIVATE ACTS OF 1931 CHAPTER 730 SECTION 1. That there hereby be created in Giles County another Fund in addition to those now existing to be known as the County Farm, Court House, and County Jail Fund. SECTION 2. That the above created County Farm, Court House, and County Jail Fund shall take care of all of the expenses of operating, maintaining, and running the County Farm of Giles County, including and any and all salaries paid to anyone in connection with said farm and telephone expenses; and expense in connection with Giles County Court House to include all fuel and heating purposes, all lights used in the Court House, all water used therein, all expenses in connection with cleaning the Court House and it grounds, including janitor's hire, any and all repair work of whatever kind and character and telephone expenses; and expense in connection with the County Jail to include the County board bill of all county prisoners, all fuel for heating purposes, all lights and water expenses, all repair expense of every kind and character, jail physician's salary and telephone expense. SECTION 3. That this Act shall take effect from and after its passage, the public welfare requiring it. Passed: July 2,

20 ADMINISTRATION COUNTY LEGISLATIVE BODY Each county in Tennessee, except those with a metropolitan form of government, has a county legislative body, which is also formally known as the board of county commissioners, or informally known as the county commission. The county legislative body, or board of county commissioners, is composed of not less than nine (9) nor more than twenty-five (25) members. The board reapportions the county into districts from which county commissioners are elected. These districts must be apportioned on the basis of population so that each commissioner represents substantially the same number of people. No more than three commissioners may be elected from the same district. T.C.A The county legislative body replaced the quarterly county court as provided in the Public Acts of 1978, Chapter 934, T.C.A et seq. The county commissioners are vested with all the legislative powers and duties formerly vested in justices of the peace, but possess no judicial powers and are not charged with any judicial functions. Under T.C.A , members of county legislative bodies may solemnize marriages. The following acts once applied to the quarterly court or the county legislative body of Giles County and are included herein for historical purposes. 1. Private Acts of 1809, Chapter 93, set the times for holding the court of Pleas and Quarter Sessions in Giles on the third Monday in February, May, August and November. This Act also gave the court authority to appoint 13 jurors for each court. 2. Private Acts of 1813, Chapter 134, among other things changed the times for meeting of the County Court to the first Mondays in March, June, September and December. 3. Private Acts of 1817, Chapter 138, also changed the meeting dates for the court of Pleas and Quarter Sessions in Giles County to the third Monday in February, May, August and November. This court could hold for two weeks, if necessary, to complete its business but other courts would hold for only one week. 4. Private Acts of 1821, Chapter 77, conferred the power of eminent domain, the right to condemn property for a public purpose, upon the Giles County Quarterly Court for obtaining land for cemeteries. 5. Private Acts of 1830, Chapter 102, authorized the County Court of Pleas and Quarter Sessions, if they should so desire, a majority of the justices being present and concurring, to elect three of their number at the January term to hold court for the remainder of the year. 6. Private Acts of , Chapter 20, authorized and requested the Governor to appoint a suitable person to act as County Executive of Giles County during the December term of the court, who would have the same rights, powers, privileges, and obligations of any other County Executive. 15

21 7. Private Acts of 1923, Chapter 35, changed the times of holding the sessions of the county court of Giles County to the second Monday in January, April, July and October of each year. 8. Private Acts of 1955, Chapter 148, sets the per diem of the Quarterly County Court at $10 per day without any additional allowance for mileage or travel expense. 9. Private Acts of 1964, Chapter 44, amend Private Acts of 1955, Chapter 148 by increasing the per diem of the Quarterly County Court to $25 per day. 16

22 ADMINISTRATION COUNTY REGISTER PRIVATE ACTS OF 1949 CHAPTER 78 SECTION 1. That when any grantee or lessee of real estate in Giles County presents his deed or lease to the County Register for registration and it appears from said instrument or otherwise that the grantee or lessee is chargeable for the payment of the tax thereafter to accrue on said real estate, that said County Register shall be required before accepting said instrument for registration, to ascertain from the grantee or lessee whether he purchased or leased all or a portion of the property of his grantor or lessor; the true consideration given or promised therefor and if the entire tract of the grantor has not been conveyed or leased, what portion has been retained by the grantor or lessor. Said County Register shall also ascertain the nature or character of improvements located on the real estate purchased or leased. SECTION 2. That the County Register be and he is hereby required to record the information to be ascertained in the foregoing section in a well bound book to be furnished by Giles County. Said Record Book shall be kept in duplicate form and shall show the names of the grantors or lessors; the names of the grantees or lessees, the kind of instrument (whether a deed or lease); the number of acres or town lots; the district where located and under the title "Remarks" show such other information as will enable the County Tax Assessor to keep current the records of his office to the end that all real estate shall be assessed for taxation in the name of the true owner or in the name of the person or persons responsible for the payment of the taxes. SECTION 3. That it shall be the duty of the County Register to deliver to the County Tax Assessor the original slip taken from his Record Book showing the information required by this Act and it shall be the duty of the County Tax Assessor to keep said slip so furnished by same and to note the changes in owners as shown thereby on his records to the end that his records will at all times show the names of the true owners of the real estate or the persons responsible for the payment of the Tax Assessable against said real estate. SECTION 4. That a fee of twenty-five cents be charged by the County Register and paid by the grantee or lessee for the services of the County Register rendered in procuring the information required by this Act and for keeping the record thereof and delivering same to the County Tax Assessor. SECTION 5. That this Act take effect from and after its passage, the public welfare requiring it. Passed: January 28,

23 ADMINISTRATION COUNTY REGISTER The office of county register is a constitutional office, established by article VII, section 1 of the Constitution of Tennessee, and is regulated by the general statutes found in Tennessee Code Annotated, title 8, chapter 13; title 10, chapter 7 (public records); title 47, chapter 9 (U.C.C. Secured Transactions); and title 66 (real property and registration of instruments). The salary of the county register is determined by T.C.A The principal duty of the county register is the registration of instruments which the law requires to be, or allows to be, filed or recorded. These instruments include, but are not limited to: deeds of conveyance of real estate, powers of attorney, deeds of trust, mortgages, liens, land sale contracts, plats, leases, military discharges, and papers under the Uniform Commercial Code. The purposes of such registrations are also varied. The records of the register's office provide a public record of real property ownership, liens and various other transactions that affect the public interest. The basic fee schedule for the register is found at T.C.A

24 ADMINISTRATION COUNTY TRUSTEE PRIVATE ACTS OF 1925 CHAPTER 267 SECTION 1. That the County Trustees in all counties having a population of over 30,940 and under 30, 960 according to the Federal Census, shall give one bond to the State of Tennessee for its own use for the same amount of the taxes collected for the State during the year prior to which such bonds shall be executed and one to the State of Tennessee for the use and benefit of such county in the amount of 30% of the taxes collected for the county during the year prior to which such bonds shall be executed, as the same may be shown by the report of the Trustee of such county make to the State Comptroller and to the County Count of such county in September next preceding the execution of such bonds. SECTION 2. That any and all bonds now in effect shall, within thirty days after this Act shall take effect, be readjusted upon the above basis. SECTION 3. That all laws and parts of laws in conflict with this Act be, and the same are hereby repealed. SECTION 4. That this Act shall take effect from and after its passage, the public welfare requqiring (sic) it. Passed: March 18,

25 ADMINISTRATION COUNTY TRUSTEE PRIVATE ACTS OF 1933 CHAPTER 391 SECTION 1. That in counties of this State having a population of not less than 28,000 nor more than 28,100 by the Federal Census of 1930 nor any subsequent Federal Census, the bond executed by the County Trustee for county taxes shall be in the penalty of one hundred thousand ($100,000) Dollars, provided however, that said bond shall be conditioned and approved as now provided by law. SECTION 2. That this Act shall take effect from and after September 1, 1934, the public welfare requiring the same. Passed: April 6,

26 ADMINISTRATION COUNTY TRUSTEE The county trustee is one of the county officers established by article VII, section 1 of the Constitution of Tennessee. The office is regulated by title 8, chapter 11 of Tennessee Code Annotated. Duties of the county trustee regarding the collection of property taxes are codified in Tennessee Code Annotated, title 67, chapter 5. The county trustee is elected by the qualified voters of the county to serve a four year term. T.C.A Upon election the trustee must take the required oath of office and enter into a surety bond. T.C.A For other statutes pertaining to the many duties of the trustee as a fiscal officer, see volume 14 of the combined general index of T.C.A. under "County Trustee". The salary of the county trustee is set by T.C.A

27 ADMINISTRATION PURCHASING The laws regarding purchasing for county governments are not uniform and several options exist. The county education department has its own purchasing law (T.C.A (A)(4)), but this law is superseded in those counties that adopt the statutes of the optional County Financial Management System of T.C.A et seq. Further, in counties that have adopted the County Purchasing Law of 1957, another optional general law, the county board of education may or may not use the central county purchasing system depending upon the approval of the state commissioner of education. T.C.A The County Uniform Highway Law, at T.C.A , provides a purchasing law for the county highway department when purchasing for the department is not governed by private act or when the county has not adopted either the County Purchasing Law of 1957 or the County Financial Management System of Nevertheless, even where private acts generally govern the purchases of the county highway department, purchases of less than $5,000 do not have to be publicly advertised and competitively bid. The purchasing provisions of the County Uniform Highway Law do not apply to Shelby, Davidson, Knox, and Hamilton counties. Purchases from the general fund are governed by the County Purchasing Law of 1983, T.C.A et seq., unless the county operates under a county or metropolitan government charter, or has adopted the County Financial Management System of 1981 or the County Purchasing Law of Also, this general law does not apply to counties with private acts if the private act provides for public advertising and competitive bidding for purchases over $5,000 or a lesser amount. The County Purchasing Law of 1957, found in T.C.A through , may be adopted by the voters in a referendum or by a two-thirds (2/3) vote of the county legislative body. This act is one of the three companion Fiscal Control Acts of Under this act the county executive appoints a purchasing agent subject to the approval of the county legislative body. T.C.A The purchasing agent must be qualified by training and experience to perform the required duties. T.C.A The person appointed as purchasing agent must have a corporate surety bond of not less than $10,000 nor more than $25,000. The salary is not to be in excess of other county officials as prescribed in T.C.A and T.C.A (b). The director of accounts and budgets also serves as the purchasing agent in some counties. The primary duties of the purchasing agent are to: (1) purchase all supplies, materials, equipment and contractual services, (2) arrange for rental of all machinery, buildings and equipment, (3) transfer materials, supplies and equipment between county departments, and (4) supervise the central storeroom. T.C.A et seq. The County Financial Management System of 1981 is found in T.C.A through This law provides for the consolidation and establishment of a financial management system for all county funds operated through the county trustee, including purchasing. The system is similar in scope to the 1957 acts; however, under this act the county operates under one act rather than three. This system must be approved by a two-thirds (2/3) vote of the county legislative body or a majority of the voters in order to be effective in any 22

28 county. T.C.A Under the County Financial Management System of 1981, a finance department is created to administer the finances of the county and all funds handled by the county trustee, in conformity with generally accepted principles of governmental accounting and rules and regulations established by the state comptroller of the treasury and state commissioner of education. T.C.A Unlike the 1957 laws, school funds are managed under this system just like all other county funds. The commissioner of education may remove the school department from the system if records are not maintained properly and timely. T.C.A The County Purchasing Law of 1983, T.C.A et seq., applies to purchases by authorized officials using county funds, except that it does not apply to purchases from county highway funds, county education funds, or purchases by counties that have adopted the County Purchasing Law of 1957 or the County Financial Management System of Neither does this act apply in counties operating under a county or metropolitan government charter. Furthermore, the act does not apply to counties with private acts if the private act provides for public advertising and competitive bidding for purchases in excess of $5,000 or a lesser amount as established by the private act. Tennessee Code Annotated requires that all purchases and leases or leasepurchase agreements made under the County Purchasing Law of 1983 shall be made or entered into only after public advertisement and competitive bidding, except for (1) purchases costing less than $5,000, (2) goods or services which may not be procured by competitive means because of the existence of a single source or because of a proprietary product, (3) supplies, materials or equipment needed in an emergency situation, subject to reporting requirements of the county legislative body and the county executive, (4) leases or lease-purchase agreements requiring payments of less than $5,000 per year, and (5) fuel and fuel products purchased in the open market by governmental bodies. County legislative bodies may lower the dollar amount required in this act and may also adopt regulations providing procedures for implementing this act. Counties with populations over 150,000 are authorized to make purchases under $10,000 without competitive bids or proposals, but these counties may retain their present competitive bidding requirements or establish different limits by private act or charter provision. T.C.A County governments may use pricing discounts obtained by the National Association of Counties (NACo) Purchasing Alliance by considering the NACo price in the same manner as a formal bid or informal quotation under the county s bidding laws. T.C.A The Tennessee Department of General Services (TDGS) may upon request, purchase supplies and equipment for any county. Counties, without public advertisement and competitive bidding, may purchase under the provisions of contracts or price agreements entered into by TDGS. Also, county governments may purchase goods, except motor vehicles, under federal General Services Administration (GSA) contracts, to the extent permitted by federal law or regulations. T.C.A Counties are authorized to distribute and receive bids, proposals and other offers electronically, but are prohibited from requiring small or minority owned businesses to receive or respond electronically. T.C.A