PRIVATE ACTS OF PUTNAM COUNTY, TENNESSEE REVISED EDITION

Transcription

1 PRIVATE ACTS OF PUTNAM COUNTY, TENNESSEE REVISED EDITION COUNTY TECHNICAL ASSISTANCE SERVICE THE UNIVERSITY OF TENNESSEE INSTITUTE FOR PUBLIC SERVICE NASHVILLE, TENNESSEE Original Compilation By William C. McIntyre, Legal Specialist Revised and Edited By John Joseph King, Legal Specialist 1984 Updated By Elaine Turner, Paralegal 2005

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 Putnam County will provide a useful reference for county administration in Putnam County. We are indebted to the Putnam 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 PUTNAM 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 103rd Session of the 2004 Tennessee General Assembly. ii

4 TABLE OF CONTENTS PREFACE... i HOW TO USE THE PRIVATE ACTS OF PUTNAM COUNTY... ii CHAPTER I - ADMINISTRATION... 1 BUDGET SYSTEM... 2 COUNTY ATTORNEY... 3 COUNTY CLERK... 5 COUNTY MAYOR... 6 COUNTY LEGISLATIVE BODY COUNTY REGISTER COUNTY TRUSTEE MOBILE HOME PARKS AND TRAILER COURTS PURCHASING RETIREMENT SYSTEM...22 GENERAL REFERENCE CHAPTER II - ANIMALS AND FISH FOXES...28 LIVESTOCK INSPECTORS...29 CHAPTER III - BOND ISSUES AIRPORT...34 BRIDGES...34 DEBTS...34 ROADS...35 SCHOOLS...35 WAR MEMORIAL BUILDING...37 WATER, GAS, SEWER...37 CHAPTER IV - BOUNDARIES CREATION OF PUTNAM COUNTY...39 CHAPTER V - COURT SYSTEM BOARD OF JURY COMMISSIONERS - JURORS CHANCERY COURT CLERK AND MASTER CIRCUIT COURT CLERK CRIMINAL COURT DEPOSITIONS...81 DISTRICT ATTORNEY GENERAL ASSISTANTS AND CRIMINAL INVESTIGATORS GENERAL SESSIONS COURT SMALL CLAIMS COURT...87 JUVENILE COURT PROBATE COURT...93 SECRETARIAL ASSISTANCE CHAPTER VI - EDUCATION/SCHOOLS BOARD OF EDUCATION SCHOOL DISTRICTS SUPERINTENDENT OR DIRECTOR OF SCHOOLS GENERAL REFERENCE iii

5 CHAPTER VII - ELECTIONS DISTRICTS - REAPPORTIONMENT CHAPTER VIII - HEALTH CHAPTER IX - HIGHWAYS AND ROADS ROAD LAW CHAPTER X - LAW ENFORCEMENT DEPARTMENT OF LAW ENFORCEMENT JAILS AND PRISONERS MILITIA OFFENSES SHERIFF CHAPTER XI - TAXATION ASSESSOR OF PROPERTY HOTEL/MOTEL TAX LITIGATION TAX MINERAL SEVERANCE TAX PARALLEL REFERENCE TABLE 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 two-thirds (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 1, 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 1996 CHAPTER 200 SECTION 1. Chapter 459 of the Private Acts of 1949; Chapter 389 of the Private Acts of 1961; and Chapter 349 of the Private Acts of 1974, and any other acts amendatory thereto, relative to the county attorney of Putnam County, are repealed. SECTION 2. The process shall be that the Putnam County executive shall made a recommendation for county attorney to the County Legislative Body, and the County Legislative Body must ratify the recommendation by a majority vote. The county executive may recommend termination of the county attorney, to be effective upon majority vote ratification by the County Legislative Body. SECTION 3. The county attorney shall be licensed to practice law in all of the courts of the State of Tennessee and the United States District Court. SECTION 4. The County Legislative Body of Putnam County shall establish the compensation of the county attorney from time to time. SECTION 5. It shall be the function and duty of the county attorney to attend all meetings of the County Legislative Body and render advice as to legal matters arising during such sessions, and to render legal advice, legal opinions and other legal services to the county and any of its officials, departments, offices, boards and commissions upon request. It shall further be the function and duty of the county attorney to prosecute all suits instituted by the county and to defend all suits brought against the county or any of its departments, offices, boards and commissions, to represent the county at any hearings before any board or commission and to prepare resolutions at the request of members of the County Legislative Body. The duties of the county attorney shall not include representation of the county in delinquent property tax suits unless separately appointed pursuant to general law. SECTION 6. In the event that the county attorney employed under this act shall have a conflict of interest which prevents his or her representation of the county or any of its departments, offices, boards or commissions in the prosecution or defense of any lawsuit, the county executive is authorized to employ, with the approval of the County Legislative Body, another attorney for the purpose of representation in such suit. SECTION 7. This act shall have no effect unless it is approved by a two-thirds (2/3) vote of the County Legislative Body of Putnam County. Its approval or nonapproval shall be proclaimed by the presiding officer of the County Legislative Body and certified to the Secretary of State. SECTION 8. 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 September 1, Passed: April 24,

9 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. The following acts once affected the appointment, election, or office of the county attorney in Putnam County. These acts are included for historical reference only. Also referenced below are acts which repeal prior law without providing new substantive provisions. 1. Private Acts of 1911, Chapter 586, Page 1761, established the position of County Attorney for Putnam County who would be appointed by the Governor and hold office until the next January term of the Quarterly Court at which time the County Attorney would be elected by the Court for the ensuing year. An annual salary of $400, which could not be increased or diminished during the term of office, was provided for this official. The County Attorney would transact all the legal business of the County in court, or otherwise, and no county official had the authority to employ another attorney except at his own personal expense. This Act was repealed by Private Acts of 1945, Chapter 426, Page Private Acts of 1915, Chapter 421, Page 1462, amended Private Acts of 1911, Chapter 586, by providing that the County Attorney would be elected by the Quarterly Court of the county at its January meeting in 1916 for a term to last until the general August election in 1916 when the Attorney's successor would be elected for two years by popular vote. The annual salary was $400 which could not be changed during the term. This Act was repealed by Private Acts of 1945, Chapter 426, Page Private Acts of 1929, Chapter 636, Page 1782, amended Private Acts of 1915, Chapter 421, by increasing the term of office for the County Attorney from two years to four years and by raising the annual salary from $400 to $1,000. This Act was repealed by Private Acts of 1945, Chapter 426, Page Private Acts of 1949, Chapter 459, as amended by Private Acts of 1961, Chapter 389, and Private Acts of 1974, Chapter 349, created the office of county attorney, defined duties, set compensation, and named C. A. Cameron to fill the position of county attorney until September 1, This act was repealed by Private Acts of 1996, Chapter

10 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 regulated by T.C.A and The old minimum and maximum variation in salary ended on September 1, The basic fee schedule for the county clerk is found at T.C.A

11 ADMINISTRATION COUNTY MAYOR (COUNTY EXECUTIVE) PRIVATE ACTS OF 1981 CHAPTER 63 SECTION 1. Chapter 458 of the Private Acts of 1949 and all amendments thereto, which established the office duties of the County Judge of Putnam County, is hereby repealed in its entirety. SECTION 2. Chapter 395 of the Private Acts of 1972, which established the office and duties of the County Manager of Putnam County is hereby repealed in its entirety. SECTION 3. All judicial powers and duties formerly exercised by the County Judge whether pursuant to general law or private act which were transferred to the Judge of the Probate Court of Putnam County September 1, 1974 shall remain with the Probate Judge and he shall continue to have the authority to hire a secretary to help him carry out the duties imposed upon him, subject to the approval of the Putnam County Board of County Commissioners. SECTION 4. The County Executive shall be the purchasing agent for all departments of the county except the County Board of Education and the Highway Department. These departments may at their option designate the County Executive to act as their purchasing agent and so elect to come under the provisions of this act. Such an election when made shall not be revocable for two years. SECTION 5. All purchases of goods, supplies or materials of any kind or character where the sum to be expended from public funds is in excess of one thousand dollars ($1,000) shall be made by the County Executive upon competitive bidding after at least ten days advertisement in some paper published in Putnam County. Purchases of like items costing less than one thousand dollars ($1,000) individually but which are customarily purchased in lots of two (2) or more must likewise be subjected to the competitive bidding provisions of this act if the total purchase price of such items would exceed one thousand dollars ($1,000) during any fiscal year. Purchases of less than one thousand dollars ($1,000) may be made without the necessity of competitive bids, but the County Executive shall use all reasonable efforts to obtain competition between prospective sellers of articles to be purchased. If an emergency shall arise necessitating immediate purchase of articles, the County Executive is hereby authorized to make such purchase without the necessity of advertisement or written bids, regardless of the amount of such purchase. However, before making such purchase the County Executive shall state in writing, over his signature, the nature of such emergency and shall file the same with the County Clerk who shall transcribe the same upon the minutes of the County Commission and the same shall be a public record and subject to the inspection of any interested citizen. SECTION 6. This Act shall have no effect unless it is approved by a two-thirds (2/3) vote of the county legislative body of Putnam County. Its approval or non-approval shall be proclaimed by the presiding officer and certified to the Secretary of State. 6

12 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: March 25,

13 ADMINISTRATION COUNTY MAYOR (COUNTY EXECUTIVE) PRIVATE ACTS OF 2004 CHAPTER 126 SECTION 1. Pursuant to Tennessee Code Annotated, Section , the title of county mayor in Putnam County shall be 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 Putnam County. Its approval or nonapproval shall be proclaimed by the presiding officer of the legislative body 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 13,

14 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 Putnam County. They are included herein for historical purposes only. Also referenced below are acts which repeal prior law without providing new substantive provisions. 1. Acts of , Chapter 253, Page 511, set up the office of County Judge in every county of the State who would be a person learned in the law and elected by the people for terms of four years. The first election would occur at the general election in 1856 under same regulations as other elections. The Judge must be sworn and commissioned as other Judges were. Quorum Courts were abolished and their responsibilities given to the County Judge who would also preside over the Quarterly Court in place of the Chairman whose duties were also assumed. The Court would meet on the first Monday in every month and the agenda of the Quarterly Court would be disposed of first on the days that Court met. The jurisdiction of the Judge and the Court were spelled out in the Act. The County Judge would also be the accounting officer and general agent of the County and, as such, do and perform the duties enumerated in Section 8 in nine specific assignments. The County Judge was free to practice law in any court except in cases arising from his Court. This Act was repealed by Acts of , Chapter 5, Page Acts of 1875, Chapter 70, Page 89, abolished the Quorum Courts and vested all their powers and jurisdiction in the Chairman of the County Court. The Chairman was also vested with all the powers, duties and privileges conferred on County Judges. 3. Acts of 1891, Chapter 206, Page 415, created and regulated the office of County Judge in Putnam County, who would be elected by the voters of the County on the first Thursday in August, 1892, and every eight years thereafter. The County Judge must be of good moral character, learned in the law, thirty years of age or older, and a resident of the county. The Judge would be sworn and commissioned as were other Judges and would have and exercise 9

15 all the rights, privileges, powers and jurisdiction formerly held by the Chairman of the County Court. This Act amended Acts of 1875, Chapter 70, to conform to the terms of this Act, and the office of County Chairman was abolished after the first Monday in May, The County Judge would preside over both the county courts and be paid an annual salary of $350. This Act was repealed by Private Acts of 1949, Chapter 268, Page Private Acts of 1909, Chapter 581, Page 2033, amended Acts of 1891, Chapter 206, by raising the annual salary of the County Judge from $350 to $ Private Acts of 1919, Chapter 482, Page 1349, created the office of County Judge in Putnam County who would be at least 30 years of age, a citizen of the State for five years, and of the county for one year, who would further be sworn and commissioned as were other Judges. Vacancies would be filled in the same manner as were those occurring in the office of Circuit Judge or Chancellor. The office of County Chairman was abolished and the duties transferred to the County Judge who was also granted most of the extraordinary judicial powers normally given only to Circuit Judges and Chancellors. The County Judge would also be the general agent and accounting officer of the County performing those duties of these offices as were itemized in the Act, and would further serve as the ex-officio Chairman of the County Workhouse Committee. The County Judge would be the Chairman of all committees appointed by the County Court on roads and bridges by virtue of his office. The County Court would meet on the first Monday in every month. The Judge's salary was set at $900 per year. The Governor was directed to appoint the first Judge under this Act within 30 days after its passage. Compiler's Note: As printed, the Act would appear to apply only to Hardeman County due to the population figures given. 6. Private Acts of 1925, Chapter 798, Page 2846, amended Private Acts of 1919, Chapter 482, by adding a new Section after Section Five which provided that the qualifications of the County Judge as required by that act would not be so construed as to require the County Judge to be a legally qualified or practicing attorney. This Act was applicable only to Putnam County. 7. Private Acts of 1943, Chapter 143, Page 640, established the qualifications of the County Judge of Putnam County who must be a resident of at least five years, thirty years of age or older, trained in business and learned in the law. The Judge would also be the general agent and accounting officer of the County who was required to keep the books and records specified in the act. The county judge must issue the warrants for the payment of money and report of the County Court on the financial condition and affairs of the County. The Judge was permitted to deputize a clerk to sign his name but only after that Clerk was sworn and bonded. The Clerk's compensation could not exceed $720 annually. The Judge would be paid, as fixed by Acts of 1891, Chapter 206, and Private Acts of 1909, Chapter 581, $600 annually but would be paid $1,800 a year as additional compensation for his other duties. Nothing is this act would be construed as interfering with the incumbent Judge's tenure of office. This Act was repealed by Private Acts of 1949, Chapter 268, Page Private Acts of 1945, Chapter 278, Page 912, amended Private Acts of 1943, Chapter 143, by increasing the maximum annual salary of the clerk from $720 to $1, Private Acts of 1949, Chapter 458, Page 1215, created the office of County Judge of Putnam County effective September 1, The Judge would be popularly elected to an eight year term, be paid $3,000 per annum, and receive $1,800 per year for clerical and stenographic assistance. He would possess the same qualifications required of Circuit Judges, could sit by interchange with the Judge of the General Sessions Court, and serve as fiscal agent for the County. In addition, he would be the purchasing agent for all county departments except the County Board of Education. This Act was repealed by Private Acts of 1981, Chapter 63, Page

16 10. Private Acts of 1959, Chapter 166, Page 535, amended Private Acts of 1949, Chapter 458, by setting the compensation of the County Judge as provided by general law. The Quarterly County Court was authorized to set the compensation of clerical help appointed by the Judge. This Act was repealed by Private Acts of 1981, Chapter 63, Page Private Acts of 1972, Chapter 395, Page 1564, created the office of County Manager for Putnam County to be elected to a four year term by the voters of the County. He would exercise the same duties, authority, powers and jurisdiction, except those of a judicial nature, as were exercised by the County Judge. His salary was set at $15,000 per annum. The office of County Judge was abolished and all of its judicial powers transferred to the Judge of the Probate Court of Putnam County. This Act did not receive local approval and never became effective law. 11

17 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 Putnam County and are included herein for historical purposes. 1. Private Acts of 1919, Chapter 323, Page 805, fixed the per diem rate of pay for the Justices of the Peace in Putnam County at $3 for each day of attendance at any regular, or called, session of the Quarterly Court, plus such mileage, ferriage and tolls as were allowed under the general law. 2. Private Acts of 1941, Chapter 226, Page 810, provided that the Quarterly Court of Putnam County would hereafter meet in regular session on the second Monday in January, April, July, and October instead of the first Monday as fixed by general law. 3. Private Acts of 1969, Chapter 30, Page 115, amended Private Acts of 1919, Chapter 323, by increasing the per diem payments for the Justices of the Peace from $3 to $25 per day for each day of attendance at regular, or called, meetings of the Court. This Act also repealed the mileage, ferriage and tolls allowances. This Act has been superseded by T.C.A

18 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 set by T.C.A and The end of the old minimum/maximum variation in salary is effective from September 1, 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

19 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 and The old minimum/maximum variation in salary ended on September 1,

20 ADMINISTRATION MOBILE HOME PARKS AND TRAILER COURTS PRIVATE ACTS OF 1977 CHAPTER 147 SECTION 1. The Quarterly County Court of Putnam County may adopt by resolution rules and regulations promulgated by the county planning commission pertaining to mobile home parks and trailer courts to provide for the health, safety, and welfare of the residents of such parks and courts. The Quarterly County Court of Putnam County shall hold at least one (1) public hearing at which members of the public are allowed to express their views prior to adopting any rules or regulations. Notice of the hearing shall be published in a newspaper of general circulation in the county at least two (2) weeks prior to the public hearing. SECTION 2. Any person who violates any rule or regulation promulgated under the provisions of this Act shall be guilty of a misdemeanor. SECTION 3. This Act shall have no effect unless it is approved by a two-thirds (2/3) vote of the Quarterly County Court of Putnam County. Its approval or nonapproval shall be proclaimed by the presiding officer of the Quarterly County Court and certified by him to the Secretary of State. SECTION 4. 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 3. Passed: May 19,

21 ADMINISTRATION MOBILE HOME PARKS Section , Tennessee Code Annotated, gives the governing body of any county the power to adopt or repeal a Resolution which incorporates by reference the provisions of any Code. The County Attorney or other code enforcement official is charged with enforcing the provisions of any duly appointed code. T.C.A

22 ADMINISTRATION PURCHASING PRIVATE ACTS OF 1981 CHAPTER 63 SECTION 1. Chapter 458 of the Private Acts of 1949 and all amendments thereto, which established the office and duties of the County Judge of Putnam County, is hereby repealed in its entirety. SECTION 2. Chapter 395 of the Private Acts of 1972, which established the office and duties of the County Manager of Putnam County is hereby repealed in its entirety. SECTION 3. All judicial powers and duties formerly exercised by the County Judge whether pursuant to general law or private act which were transferred to the Judge of the Probate Court of Putnam County September 1, 1974 shall remain with the Probate Judge and he shall continue to have the authority to hire a secretary to help him carry out the duties imposed upon him, subject to the approval of the Putnam County Board of County Commissioners. SECTION 4. The County Executive shall be the purchasing agent for all departments of the county except the County Board of Education and the Highway Department. These departments may at their option designate the County Executive to act as their purchasing agent and so elect to come under the provisions of this act. Such an election when made shall not be revocable for two years. SECTION 5. (a) All purchases of goods, supplies or materials, wherein the sum to be expended from public funds exceeds of five thousand dollars ($5,000), shall be made by the County Executive upon competitive bidding after at least ten (10) days advertisement in a newspaper published in Putnam County. Purchases of like items individually costing less than five thousand dollars ($5,000), but which are customarily purchased in lots of two (2) or more, must likewise be subjected to the competitive bidding provisions of this subsection if the total purchase price of such like items would exceed five thousand dollars ($5,000) during any fiscal year. (b) Except as provided by subsection (a) to the contrary, all purchases of any goods, supplies or materials, wherein the sum to be expended from public funds is one thousand dollars ($1,000) or more but not in excess of five thousand dollars ($5,000), shall be made after the purchaser has obtained proposals from at least three (3) prospective vendors. (c) All purchases of any goods, supplies or materials, wherein the sum to be expended from public funds is less than one thousand dollars ($1,000), may be made by the purchaser without the necessity of competitive bids; however, the County Executive shall use all reasonable efforts to ensure competition among prospective vendors. (d) Notwithstanding the provisions of this section to the contrary, if an emergency necessitates immediate purchase of any goods, supplies or materials, then the County Executive may purchase such goods, supplies or materials without the necessity of advertisement or written bids, regardless of the amount of such purchase. However, before making such purchase, the County Executive shall state in writing, over his or her signature, the nature of such emergency and shall file the same with the County Clerk, who shall 17

23 transcribe the same upon the minutes of the County Commission; and the same shall be a public record and shall be subject to inspection by any interested citizen. As amended by: Private Acts of 2002, Chapter 112. SECTION 6. This Act shall have no effect unless it is approved by a two-thirds (2/3) vote of the county legislative body of Putnam County. Its approval or non-approval shall be proclaimed by the presiding officer and certified to the Secretary of State. 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: March 25,

24 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 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. 19

25 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 lease-purchase 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 The following acts once affected the purchasing procedures of Putnam County, but are no longer operative. Also referenced below are acts which repeal prior law without providing new substantive provisions. 1. Private Acts of 1941, Chapter 373, Page 1259, was the authority for the Putnam County Quarterly Court to elect a competent person to be the purchasing agent of the county for one year at an annual compensation of $600, payable monthly, who would be responsible for buying all the supplies needed for the proper support and maintenance of any and all institutions operated by the county except the roads and schools. All purchases over $50 would be by competitive bids solicited pursuant to the rules to be promulgated by the Purchasing Agent and the Advisory Purchasing Commission. The Advisory Commission would consist of three people appointed by the Quarterly Court for two years who would be paid $20 a year. The Purchasing Agent could require security from bidders under certain circumstances. The Agent could appoint a clerk to assist him in the performance of his 20

26 duties and serve as the secretary to the Advisory Purchasing Commission. The Clerk would be paid $150 a year, payable monthly out of regular county funds. Emergency purchases could be made if certain conditions were met without observing the formalities of this law. This Act was repealed by Private Acts of 1949, Chapter 163, Page Private Acts of 1943, Chapter 174, Page 722, amended Private Acts of 1941, Chapter 373, so as to increase the term of office of the Purchasing Agent from one year to four years. The 1941 Act was further amended to give the Purchasing Agent the sole authority to adopt rules and by abolishing the Advisory Purchasing Commission. This Act was repealed by Private Acts of 1949, Chapter 163, Page Private Acts of 1949, Chapter 458, Section 3, Page 1215, made the County Judge the Purchasing Agent of the County for all departments except the schools. This Act was repealed by Private Acts of 1981, Chapter 63, Page

27 ADMINISTRATION RETIREMENT SYSTEM PRIVATE ACTS OF 1951 CHAPTER 353 SECTION 1. That in counties of this State having a population of not less than 26,200, nor more than 26,300, by the Federal Census of 1940, or any subsequent Federal Census, the Quarterly County Court of said counties are hereby authorized to pension any and all employees of said county who have been in the county service for as much as 35 years and who have attained the age of 70, provided, however, that no pension in excess of $50.00 a month shall be granted by said Quarterly County Court. Said pension shall be payable monthly out of the General County Account. SECTION 2. That this Act shall take effect from and after its passage, the public welfare requiring it. Passed: March 2,

28 ADMINISTRATION RETIREMENT SYSTEM PRIVATE ACTS OF 1965 CHAPTER 128 SECTION 1. That the Quarterly County Court of Putnam County, Tennessee, is hereby authorized to provide, by resolution duly adopted, for retirement pay for any County employee who is at least sixty-five (65) years of age and has had active full-time service of at least twenty (20) years with such County, and who has retired therefrom or who has had active full-time service of at least twenty (20) years with such County and is presently totally and permanently disabled from doing gainful work as evidenced by the written certificate of at least two (2) physicians duly licensed and practicing such profession within Putnam County. The amount of such retirement benefit shall be fixed by such Quarterly County Court at the time it provides for such benefit at an amount not to exceed five dollars ($5.00) per month multiplied by the number of years of service rendered to the County by such employee, but in no event to exceed one hundred and twenty-five ($125.00) per month, payable in monthly installments from the general funds of the County. SECTION 2. This section was deleted by Private Acts of 1975, Chapter 12, Page 44. SECTION 3. That this Act shall have no effect unless the same shall have been approved by two-thirds (2/3) vote of the Quarterly County Court of Putnam County on or before the next regular meeting of such Quarterly County Court occurring more than thirty days after its approval by the Chief Executive of this State, or after its otherwise effective date. Its approval on nonapproval shall be proclaimed by the presiding officer of the body having jurisdiction to approve, and shall be certified by him to the Secretary of State. SECTION 4. That this Act shall take effect for the purpose of validating the same as provided for in Section 3 above, from and after its passage, and for all other purposes, on and after July 1, 1965, the public welfare requiring it. Passed: March 8,