PRIVATE ACTS OF WHITE COUNTY, TENNESSEE REVISED EDITION

Transcription

1 PRIVATE ACTS OF WHITE 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 James A. Clark, Administrative Intern Updated By Elaine Turner, Paralegal 2007

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 White County will provide a useful reference for county administration in White County. We are indebted to the White 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 WHITE 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; currently LexisNexis) 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 2006 Extraordinary Session of the 104th Tennessee General Assembly. ii

4 TABLE OF CONTENTS PREFACE... i HOW TO USE THE PRIVATE ACTS OF WHITE COUNTY... ii CHAPTER I - ADMINISTRATION... 1 BUDGET SYSTEM... 2 COUNTY ATTORNEY... 3 COUNTY CLERK... 4 COUNTY EXECUTIVE... 5 COUNTY LEGISLATIVE BODY... 8 COUNTY REGISTER COUNTY TRUSTEE PURCHASING GENERAL REFERENCE CHAPTER II - ANIMALS AND FISH LIVESTOCK INSPECTOR RED FOXES CHAPTER III - BOND ISSUES COUNTY BUILDING COURT HOUSE DEBTS HOSPITAL ROADS SCHOOLS CHAPTER IV - BOUNDARIES CREATION OF THE COUNTY CHAPTER V - COURT SYSTEM BOARD OF JURY COMMISSIONERS - JURORS CHANCERY COURT CLERK AND MASTER CIRCUIT COURT CIRCUIT COURT CLERK CRIMINAL COURT DISTRICT ATTORNEY GENERAL ASSISTANTS AND CRIMINAL INVESTIGATOR GENERAL SESSIONS COURT JUVENILE COURT SECRETARIAL ASSISTANCE GENERAL iii

5 CHAPTER VI - EDUCATION/SCHOOLS BOARD OF EDUCATION SUPERINTENDENT OR DIRECTOR OF SCHOOLS GENERAL REFERENCE CHAPTER VII - ELECTIONS DISTRICTS - REAPPORTIONMENT CHAPTER VIII - HEALTH HOSPITAL CHAPTER IX - HIGHWAYS AND ROADS CHAPTER X - LAW ENFORCEMENT JAILS AND PRISONERS MILITIA OFFENSES SHERIFF CHAPTER XI - TAXATION ASSESSOR OF PROPERTY HOTEL/MOTEL 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 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 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 mayor 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. 3

9 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 in accordance with 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 White County. It is included herein for historical purposes. 1. Acts of , Chapter 320, provided that the County Court Clerk of Putnam County shall, within three months of his election and qualification, call upon the County Court Clerks of Jackson, Overton, and White Counties who have in their possession the original records of suits and other transactions to deliver the same to him immediately and it shall be the duty of those clerks to do so. 4

10 ADMINISTRATION COUNTY EXECUTIVE PRIVATE ACTS OF 2006 CHAPTER 81 SECTION 1. Pursuant to Tennessee Code Annotated, Section , the title of county mayor in White 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 White County. Its approval or nonapproval shall be proclaimed by the presiding officer of the legislative body of White 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: March 20,

11 ADMINISTRATION COUNTY EXECUTIVE 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 White 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 1856, Chapter 253, stated that a County Judge, a person learned in the law, would be elected for four year terms in every county in the State by the qualified voters of the county, who would be sworn and commissioned as were other judges in the State. Quorum Courts were abolished and all their responsibilities given to the County Judge who would also preside over the Quarterly County Court and the County Court. The Jurisdictional powers of the Court were authorized in the Act. The County Court Clerk would continue to be the Clerk of the Court. The Judges were not prohibited from practicing except in their own Court. This Act was repealed by the one below. 2. Acts of , Chapter 5, repealed the Act above specifically and restored the Quorum Courts to their prior status and revived all the laws which might have been repealed thereby. 3. Acts of 1885, Chapter 71, amended Section 316, of Thompson and Steger Code of Tennessee, so as to provide for a County Judge for White County, Tennessee who would be 30 years of age, elected by the people for a four year term, learned in the law and of good moral character. The Judge would have all the jurisdiction, power, and authority of other 6

12 County Judges. The office of County Chairman was abolished and all his duties assigned to the County Judge. Section 7 of this Act made the same applicable to Marshall County as well. 4. Private Acts of 1921, Chapter 589, broadened the powers of the County Judge, of White County, by giving him the authority to grant fiats for writs of injunctions, attachment, replevin, certiorari and supersedeas, habeas corpus, and all other writs and process for which a fiat is required. The Judge was also given the authority to conduct hearings on habeas corpus petitions with all the jurisdiction of Chancellors and other Judges so empowered. County Court Clerk shall keep the docket. 5. Private Acts of 1937, Chapter 361, stated that the County Judge of White County (identified by the use of the 1930 Federal Census figures) shall be paid a salary of $150 per month, payable on the first day of each month, which includes both the salary fixed by law and any compensation allowed by the Quarterly Court for his services as financial agent of the county. 6. Private Acts of 1972, Chapter 327, created the office of county administrator for White County. This act abolished the office of county judge. 7

13 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 White County and are included herein for historical purposes. 1. Acts of 1806, Chapter 48, set the starting dates for the terms of the Quarterly County Courts in several of the counties. This Act provided that the Quarterly Court would meet in White County on the second Monday in October, January, April, and July. 2. Acts of 1807, Chapter 53, scheduled the terms of the Quarterly Circuit Courts for all the counties in the Winchester District which at that time contained the counties of Franklin, Warren, Overton, Jackson, Smith, and White whose Court would start the regular terms on the second Monday in February, May, August, and November. 3. Acts of 1809, Chapter 93, scheduled the terms of court for the Court of Pleas and Quarter Sessions for every county in the State. White County's Court would continue to meet on the second Monday in February, May, August, and November. 4. Acts of 1812, Chapter 68, established the terms for the Circuit and County Courts in several of the counties in middle Tennessee including White whose courts would convene in Sparta on the first Monday in March, June, September, and December. 5. Acts of 1813, Chapter 134, rescheduled the starting dates for the terms of the Courts of Pleas and Quarter Sessions in several counties. White County would begin the terms of the County Court on the third Monday in January, April, July, and October. 6. Acts of 1817, Chapter 138, rearranged the schedule of opening dates for the Count Courts of many of the Tennessee counties and, although White County is listed among them, the dates for the County Court terms remained on the third Monday of January, April, July, and October. 8

14 7. Acts of 1819, Chapter 160, reset the opening dates for the terms of the Circuit and County Courts in many of the counties. The County Court would meet on the second Monday in April and October and the third Monday in January and July. 8. Acts of 1825, Chapter 171, changed the opening dates for the terms of the Court of Pleas and Quarter Sessions in many of the counties in middle Tennessee. White County's Court would convene in Sparta on the second Monday in January, April, July, and October. 9. Acts of 1826, Chapter 78, stated that the Justices of the Quarterly County Courts in Maury, Williamson, Lawrence, Sumner, and Madison Counties may, on the first day of the first term in each year, a majority of the Justices being present select three of their number to hold the Court for the remainder of that year. This Court would have and exercise the same powers and jurisdictions as other regular County Courts. Section 2 of this Act extended the same rights and privileges to several other counties among which was White County. 10. Acts of , Chapter 6, permitted every county in the State to organize three of their members into a Quorum Court if they so desired. 11. Private Acts of 1955, Chapter 192, amended Private Acts of 1953, Chapter 35, which created the General Sessions Court in White County, and which is published in full herein under that topic, by adding a provision at the end of Section 2 which gave Justices of the Peace full and complete authority to issue both civil and criminal warrants but all such warrants would be returnable to the General Sessions Court. This Act must be approved in a public referendum before becoming effective. Since the Companion Act was approved, it is presumed this one was likewise favored. 12. Private Acts of 1969, Chapter 135, set the per diem payments for the Justices of the Peace in White County at $25 per day for their attendance at the regular sessions of the quarterly county court but this Act was rejected at the local level by the Quarterly County Court and therefore never became a law under the provisions of Home Rule Amendment to the State Constitution. 9

15 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 in accordance with 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 The following acts once affected the office of county register in White County, but are no longer operative. 1. Acts of 1827, Chapter 4, required that a Register be appointed by the joint ballot of both Houses of the General Assembly, who shall keep his office at Sparta, in White County and be called the "Register of the Mountain District." He would perform the same duties and be paid the same salary as other Registers. All documents from Franklin, Warren, Marion, Bledsoe, White, Overton, Fentress, and Jackson counties, such as plats and certificates of land grants, shall be registered here, for which the same fees will be charged as prevail in other sections of the State. 2. Acts of 1829, Chapter 65, provided for the Register of the Mountain District to issue to one Shadrick Price a grant for seventeen acres of land located in White County which was surveyed officially by Thomas Phillips. 10

16 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 determined in accordance with T.C.A The following acts once affected the office of county trustee in White County, but are no longer operative. 1. Acts of , Chapter 163, was the authority for the County Trustee, of White County to collect any remaining debts which may be due the school fund of the said County by virtue of the Acts of , and the Acts of , and appropriate the same accordingly. However, the authority given herein shall not be construed as permitting the division of any portion of the general common school fund. 2. Private Acts of 1913, Chapter 14, directed that the sum of $ be refunded to J. W. Little, County Trustee, of White County out of any money not otherwise appropriated, the sum being the amount overpaid by the said Little on taxes for the year of 1910 and 1911, and the State Comptroller may issue his warrant pursuant to the directions contained in this act. 11

17 ADMINISTRATION PURCHASING PRIVATE ACTS OF 1953 CHAPTER 36 SECTION 1. That in addition to his regular duties as County Judge of White County, Tennessee, the County Judge shall be ex officio the Purchasing Agent of White County, Tennessee, and shall have the sole and exclusive power and authority to contract for the purchase, and to purchase all materials, supplies and equipment of every kind and character whatsoever for the use of every official, agent, servant, department, or agency of, supported by, or under the control of, the County Government, and no other official, employee or agent of said County or any of its departments or agencies shall have the right to contract for or purchase any of such materials or supplies or equipment. The County Judge shall likewise have the sole and exclusive power and authority to arrange for the purchase or rental of any and all real estate, machinery or other equipment where said purchase or rentals shall be paid out of any funds belonging to or under the control of White County, or any department, institution or agency thereof. The County Judge, as the Purchasing Agent for White County shall likewise have the sole and exclusive power and authority to arrange, contract for, or purchase all necessary policies of insurance, fire, windstorm, casualty, Workmen's Compensation or otherwise as he in his sound discretion sees fit and proper under the circumstances. Purchases or contracts for the purchase of supplies, equipment or material for the use of any official, employee, department or agency of the County Government, the estimated value of which exceeds One Hundred ($100.00) Dollars, shall except in emergencies as hereinafter provided, be executed by the County Judge as such Purchasing Agent only after he has advertised in a newspaper published in White County and such other newspapers as he deems proper, that sealed bids will be received by him, at a time fixed in the advertisement, which shall be not less than fifteen (15) days after the publication or advertisement, and which sealed bids shall be opened publicly at the place, hour and date advertised. Such advertisement shall describe requirements by general classifications, and state that detailed descriptions of the material, supplies or equipment desired may be obtained from the Purchasing Agent upon application. Proposals will be considered by manufacturers, producers, or dealers, etc., or their duly authorized selling agents, and bids received after the hour of opening will not be considered. Tabulation of bids will be effected as promptly as possible, after which such tabulations will be opened for inspection. Contracts will be awarded only to established and responsible manufacturers, persons or dealers, and awards will be made to the lowest bidder or bidders. The Purchasing Agent may reserve the right to reject any or all bids received. When two or more bids are submitted at the same price on the same character, kind and quality of supplies, material or equipment to be purchased, the Purchasing Agent may in his discretion award the contract or contracts to either of such bidders, or may elect to reject all such bids and advertise for additional bids. In addition to advertising for sealed bids, it shall be the duty of the Purchasing Agent to stimulate bidding by all other feasible means. When the estimated value of such materials, supplies, or equipment is Five Hundred ($500.00) Dollars or less but more than Fifty ($50.00) Dollars, the newspaper advertisement for bids 12

18 will not be required, but will be optional with the Purchasing Agent; but in such cases he shall, except in emergencies, make purchases or let contracts only upon sealed bids opened publicly at a definite time announced at least ten (10) days in advance by notice posted on the bulletin board in the White County Court House, and any person shall have the right to be present. He shall in all cases inform prospective bidders of the County's needs, and stimulate and encourage bidding. Provided further, where the estimated Fair Market Value of supplies, materials and equipment necessary for the essential functions of the County government does not exceed the sum of fifty dollars ($50.00), said supplies, materials and equipment may be purchased directly by the heads of the various County Departments without advertising for bids and without approval of the Purchasing Agent. Upon receipt of the purchase invoice or statement covering supplies, materials or equipment, the same shall be approved by the head of such Department making said purchase and said invoice or statement shall be transmitted to the County Judge for payment by him out of the necessary County funds. No purchase or contract for purchase of material, supplies, or equipment shall be made or entered into by the Purchasing Agent except upon requisition of the head of the department or other responsible person in such department wherein the materials, supplies, or equipment is to be used, such requisition to be in writing and set forth in detail the purpose of such purchase and a description of the materials, supplies or equipment so requisitioned. The County Judge is required to furnish to the several different departments, agencies, and institutions of the County purchase requisition blanks, the form and standard content of such blank to be prescribed by the County Judge and such requisition must be made in triplicate, the original of which will be retained by the County Judge, one copy to accompany the purchase order form and one copy returned to the department, agency or institution making the requisition with the action of the County Judge endorsed thereon. No purchase or contract for purchase shall be made or entered into by the Purchasing Agent except upon regular purchase order form prescribed by the County Judge, and no purchase order shall be issued in an amount exceeding the unexpended balance of the amount appropriated by the Quarterly County Court for the appropriation year in which the purchase is made, except where the Quarterly Court has found and declared an emergency impending or to exist, and has specifically authorized such excess expenditure, provided however, purchase orders may be issued by the Purchasing Agent against funds belonging to White County or any of its departments or agencies, which funds have been received by the County or any of its departments or agencies, which funds have been received by the County or any of its departments or agencies from sources other than from appropriations made by the Quarterly County Court, but in this event, such purchase orders shall only be issued against such funds when the purchase is properly chargeable against such funds in accordance with the purpose for which such funds are to be used, and no purchase order shall be issued which exceeds the balance existing in such funds. The Purchasing Agent shall send the original and first copy of such purchase order to the vendor from whom the purchase is made, and the second copy, together with the requisition for such purchase, shall be sent to the proper official or employee of the County, to be charged against the appropriate account and permanently filed for future reference. Subject to all other requirements herein set out, the Purchasing Agent shall not enter into any contract, except in an emergency, without the approval of the Quarterly County Court, for a term of more than twelve months, or which is not to be performed or executed within twelve months, save and except for the arranging of necessary insurance contracts required by the various departments 13

19 of the County where it, in the discretion of the County Judge, appears to be wise to purchase insurance contracts covering a period of time longer than twelve (12) months. The Purchasing Agent shall keep a complete record of all purchases made by him, with copies of descriptive advertising, original bids when submitted in writing and the names of all bidders, together with the amounts of their several bids, which records shall be at all times open to inspection by any taxpayer of the County or other interested person. Neither the Purchasing Agent nor any of his assistants or employees working under his direction shall be financially interested, or have any personal beneficial interest, either directly or indirectly, in the purchase of any supplies, materials, or equipment for the County, nor in any firm, corporation, partnership, association or individual furnishing any such supplies, material, or equipment under the term of this Act; nor shall the Purchasing Agent or any assistant or employee accept or receive, directly or indirectly, from any person, firm, corporation, partnership or association, or individual, to whom any contract may be awarded, by rebate, gift, or otherwise, any money or other thing of value whatsoever, or any promise, obligation or contract for future reward or compensation under penalty of forfeiture of his entire compensation as Purchasing Agent for the remaining period of the term of office for which he was elected. The said Purchasing Agent may by regulation or otherwise require security to accompany bids and fix the amount thereof; govern the procedure for the delivery and storage of supplies, materials, and equipment; govern the method and procedure whereby the departments, agencies, officials or employees of the County shall inform him of the need or necessity for the purchase of supplies, materials, or equipment; prescribe forms for estimates, requisitions, orders not otherwise herein provided, contracts, stores or storage control; establish definite or regular periods for submitting estimates or requisitions; dispose of or trade in obsolete, excess, and unsuitable supplies, equipment or materials, and salvage or transfer them to other using agencies of the County; provide for hearings and complaints with regard to the quality, grade or brand of goods, and waive such rules in special or emergency cases. Upon the filing of a requisition with the Purchasing Agent by any head of a department or other responsible person in such department for any necessary materials, supplies or equipment, the Purchasing Agent shall forthwith arrange for and purchase such material, supplies or equipment, in conformity with the provisions of this Act, and he shall not refuse, in violation of the provisions of this Act, to arrange for and purchase such necessary materials, supplies or equipment, when so requested by the proper authorities as in this Act provided, under penalty of mandamus proceedings brought by and at the instance of the aggrieved official or department. The provisions of this section shall not apply to purchases made by the County Road Supervisor, the County Sheriff, or the County Superintendent of Schools where the cost of anyone item purchased does not exceed the sum of five hundred dollars ($500). As amended by: Private Acts of 1959, Chapter 336 Private Acts of 1973, Chapter 94 Private Acts of 1979, Chapter 17. SECTION 2. That, in addition to the regular bonds of the County Judge, said County Judge, as the Purchasing Agent herein provided, shall furnish bond in the amount of Ten Thousand ($10,000.00) Dollars, secured by at least three personal sureties, or one corporate surety. If corporate 14

20 surety is to be furnished, the premium for such bonds to be paid out of the general funds of the County, to be approved by the Circuit Judge holding the regular Circuit Court in White County, Tennessee. SECTION 3. That the Purchasing Agent shall be required at the Quarterly meeting of the County Court on the first Monday in January of each year to submit to the Quarterly County court a detailed report or audit of the entire business transacted by such Purchasing Agent for the preceding twelve months. SECTION 4. That the County Judge, as such Purchasing Agent, shall have and receive an annual salary of Two Thousand Four Hundred ($2,400.00) Dollars, payable in monthly installments, as compensation for his services as Purchasing Agent, such compensation shall be in addition to and apart from any compensation heretofore allowed the County Judge or to be allowed to said County Judge for any other services performed by him, and out of this such allowance the County Judge, as such Purchasing Agent, shall pay for any and all clerical help which he may find it necessary to employ. SECTION 5. That in event any section, sentence, or part of this Act shall be held unconstitutional, such invalidity and/or unconstitutionality shall not be held to affect or invalidate the remainder of this Act, and the General Assembly hereby declares every part of this Act to be severable, and that the same would have been passed by the General Assembly regardless of the unconstitutional material contained herein. SECTION 6. That all laws or parts of laws in conflict with this Act be and the same are hereby repealed. SECTION 7. That this Act take effect from and after its passage, the public welfare requiring it. Passed: February 20, COMPILER'S NOTE: Private Acts of 1972, Chapter 327, which created the County Administrator's position for White County, transferred all the purchasing responsibilities of the County Judge to that official but did not change some of the other procedures. Hence this Act is published herein as amended. 15

21 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 $10,000 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 16

22 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. 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

23 The following acts once affected the purchasing procedures of White County, but are no longer operative. 1. Private Acts of 1959, Chapter 336, amended Private Acts of 1953, Chapter 36, by increasing the amount which could be purchased without bid from $100 to $500 and by rewriting the fourth paragraph of Section One as it appears in the Act. 2. Private Acts of 1973, Chapter 94, amended Private Acts of 1953, Chapter 36, by adding the last paragraph in Section One which exempted the County Road Commission from observing the requirements for purchase under $ Private Acts of 1979, Chapter 17, amended Private Acts of 1953, Chapter 36, by rewriting the last paragraph of Section 1 to exclude the County Road Supervisor, the County Sheriff, and the County School Superintendent from the provisions of this act for all purchases made by them under $500, increased from $250. The County Road Commission was the only group exempted prior to this act which was approved by the White County Legislative Body on May 1,

24 ADMINISTRATION GENERAL REFERENCE The administration of county government is placed, through a coordination of duties and responsibilities, in various elected or appointed officials, plus various boards, agencies and commissions. For general law on county administration, see Tennessee Code Annotated, title 5 (Counties) and title 8 (Public Officers and Employees). Specific subject headings in the combined general index in volumes 14, 15, and 16 of T.C.A. may be checked for other statutes relating to county administration. These duties are summarized in the Tennessee County Government Handbook, a CTAS publication. The following private or local acts constitute part of the administrative and political history of White County but are today no longer operative because they have either been superseded, repealed, or failed to receive local approval. Also referenced below are acts which repeal prior law without providing new substantive provisions. 1. Acts of 1809, Chapter 22, provided that the Sheriff would hold an election in White County to choose seven Commissioners whose duty it would be to establish the permanent seat of Justice in the County. When these Commissioners had been elected, they were to obtain a tract of land of not less than forty acres, make a map or plot of the same and mark on it the streets and alleys and lots of the town. Advertising must be done in the Carthage Gazette. The lots would be sold and the proceeds used to erect the public buildings. The name of the town would be Sparta and the Courts of the County will meet there. 2. Acts of 1809, Chapter 67, stated that the Quarterly Court of White County shall cause a warehouse and other facilities suitable for the reception, safe keeping, and inspection of tobacco, flour, and other commodities, to be erected in the town of Petersburg which is laid off under the provisions of this Act. The Court may levy a tax in order to build the said facilities and to keep it in operation, the intention being to encourage and to stimulate business in White County. 3. Acts of 1820, Chapter 97, required the Surveyor General of the Third District to be removed from his office in Sparta at the Courthouse to an office in the Courthouse of the County seat of Marion County which move would be accomplished by next September 1, and the office opened in Marion County as soon as possible after that date. 4. Acts of 1821, Chapter 100, provided that a town be laid off and established on the lands of Jose C. Dew, and James K. Eason, on the Falling Water branch of the Caney Fork River, which town would consist of no more than 20 acres with the proper streets and alleys marked, all of which would be done under the direction of Zachariah Sullens, John B. Garrett, Jose C. Dew, and James K. Eason, which town would be called Milledgeville. 5. Acts of 1823, Chapter 84, declared that Thomas Little, an alien and resident of White County, is entitled to the privileges and benefits of the Act passed at Murfreesborough on November 13, 1819, for the relief of certain aliens, provided, however, that Little complies with all the requisites of that Act within 12 months from next January 1. 19