8/14/18 COUNTY GOVERNMENT OVERVIEW OF OFFICES Conty Government A collection of offices, boards and commissions with limited powers and dties defined by general law in some cases modified by conty or metropolitan charter spplemented by private acts Cannot scceed withot cooperation Tennessee Constittion Limits power of Legislatre Few limits on what Legislatre may enact regarding conty and city government Dties of officials set by Legislatre Constittional reqirements differ for conties with consolidated conty/city government or conty charters 1
Three Forms of Conty Government Basic Form 90 conties Metropolitan Government Davidson Moore Trosdale Conty Charter Knox Shelby Basic Form Constittional Officers Tenn. Const. Art. 7 Conty Exective (Mayor) Conty Commissioners Conty Clerk Sheriff Trstee Register of Deeds Assessor of Property Other Offices Clerks of Cort (Tenn. Const. Art. 6) Inferior cort clerks (elected) Clerks and masters (appointed by chancellors) Offices, positions created or athorized General law Private act 2
Basic Form Collection of offices and positions No hierarchy Most offices independent Conty Mayor has few stattory powers Conty Legislative Body has limited powers granted by stattes COAT Officials CLERKS OF COURT Circit Cort Clerks Clerks and Masters Other inferior cort clerks COUNTY CLERK TRUSTEE REGISTER OF DEEDS Clerks of Cort Inferior Cort Clerks Elected 4-year term Circit, criminal, jvenile, probate Clerks & Masters Appointed by Chancellor 6-year term Tennessee Constittion, Art. 6, Sec. 13 Dties determined by state stattes 3
Clerks of Cort Clerk or depty attend each session of cort Administer oaths to parties and witnesses Keep mintes Maintain cort records Dockets Case files Indexes Clerks of Cort Fines Cortrelated taxes Fees Collect & Disbrse Conty Clerk, Trstee & Register of Deeds Elected 4-year term Dties determined by state stattes General law (generally determines) Private acts (may add to dties) 4
8/14/18 Conty Clerk Clerk of conty legislative body Keeps mintes Isses notices Motor vehicle titling and registration Isses marriage licenses Collects varios fees Conty Clerk Handles notary pblic applications Keeps conty road list Isses other licenses Collects other privilege taxes Trstee Collects property taxes Appoints delinqent tax attorney with approval of conty mayor Receives and disbrses conty monies Allocates revene to varios conty fnds and other parties according to law Disbrses fnds drawn by conty warrant or check 5
Trstee Role in management of conty fnds Cash management - works with conty mayor, finance committee and finance or bdget director Role in investment of conty fnds - works with conty investment committee Files monthly and annal financial reports Receives commission on fnds handled Registers of Deeds Records deeds and other docments which affect the legal stats of real and personal property Records certain other important docments Sbdivision plats Powers of attorney Maintains indexes of recorded docments Registers of Deeds Collects recording fees Collects and remits state taxes Transfer tax on real estate Mortgage tax on recording instrments evidencing an indebtedness 6
Interaction with Other Officials Bdget Personnel Transfers of fnds Prchasing Bdget Fee Official proposes bdget for office annally Mayor, bdget committee may recommend changes to conty legislative body Conty legislative body may decrease or increase bdget sbject to cort orders Exact bdget process varies among conties Personnel Bdget limitations Conty legislative body Salary Sit or Letter of Agreement Conty mayor defends salary sit Letter of agreement signed with conty mayor Determines nmber and compensation of depties and assistants 7
8/14/18 Transfer of Fees Fee System Bdget System Fee official pays for salaries and expenses of office from official fee accont Trns over excess fees and commissions to general fnd (trstee) qarterly Fee official trns over all fees to general fnd monthly Salaries and other expenses of office paid nder the approved bdget Conty legislative body decides system (where not determined by other law) Prchasing COUNTY GOVERNMENT Conty Legislative Body Optional prchasing laws Private Act Prchasing Agent Takes reqisitions Works with official on specifications Makes most prchases for officials BASIS OF AUTHORITY 8
Basis of Athority State of Tennessee Creates and empowers conties United States of America Does not empower conties, bt limits power of the state and its sbdivisions sch as conties Example: anti-discrimination laws Natre of Athority COUNTY GOVERNMENT Can only do what is athorized by state law Mst find athority in stattes PRIVATE BUSINESS Can do anything not prohibited by law Sorces of Athority General Law Charter/ Metro Private Acts 9
Conty Athority Granted by state stattory law Conties and conty officials have NO power to act otside of power granted throgh state stattes Federal law may limit action bt does not empower conty officials General Law Pblic Chapters enacted by the General Assembly (codified in Tennessee Code Annotated) General Application Mandatory Permissive Local Option Usally adopted by 2/3 vote of conty commission or approved by referendm Private Acts Sorce of athority when general law is silent (example: hotel/motel tax) Constittionally sspect if in conflict with a general law (Tenn. Const. Art. 11, Sec. 8) Mst be enacted by General Assembly and receive local approval by 2/3 vote of conty commission or majority in referendm 10
Metro Charters Metropolitan Government merges a conty with its most poplos city with option for other cities in conty to join Under enabling general law, metro government has powers of a conty and a city Wide power granted to restrctre local government throgh metro charter Mst be approved by majority votes both inside and otside most poplos city Conty Charters An alternative form of conty government provided by Tennessee Constittion since 1978 as enabled by General Assembly and approved in conty referendm Enabling law gives power to restrctre conty government and adopt ordinances 95 Different Conties Each conty has different laws operating within the conty Laws can differ greatly de to exceptions in the general law, optional laws, private acts and possibly conty charters or metropolitan government charters Officials mst conslt with their conty attorney to determine what they can and cannot do 11
COUNTY OFFICIALS BONDS AND OATHS Official Bond A promise by the official to faithflly perform the dties of the office, pay over all monies and properties that come into the officer s hands to the persons athorized by law to receive them, safely keep all records reqired by law, and trn over all property and records to sccessor Forms prescribed by Comptroller Made payable to state pon failre of official to keep promises made in bond Bond is to protect conty and state, not the official (srety may se official to recover payot nder bond!) Srety premim paid by conty Official Bond Docmentation Conty legislative body or cort approves Recorded with Register of Deeds Filed with the Conty Clerk within 40 days of election (or appointment) or 20 days after the term of office begins 12
8/14/18 Official Bonds by Position Clerks of Cort Conty Clerks Registers of Deeds $100,000 (min.) pop. 15k and $50,000 (min.) 15k Filed with Conty Clerk $100,000 (min.) pop. 15k and $50,000 (min.) 15k Filed with Conty Clerk $100,000 (min.) pop. 15k and $50,000 (min.) 15k Filed with Conty Clerk Official Bonds Amont of bond may be increased by conty legislative body Trstees Based on office revenes Filed with Conty Clerk Corporate or individal srety bonds Conty legislative body decides Blanket bonds Separate rider for each official Minimm $150,000 for all conty employees not covered by individal bonds Insrance Instead of Bond Insrance alternative Conties may prchase insrance policy rather than bond. Policy mst provide government crime coverage, employee dishonesty insrance coverage, or eqivalent coverage. Mst provide at least $400,000 coverage per occrrence. Mst file certificate of insrance with register of deeds. 13
Failre to File Yor Official Bond Failre to file bond in the proper office on time reslts in a vacancy in office! T.C.A. 8-19-117 It is a Class C misdemeanor to perform any official act before yor bond is approved! T.C.A. 8-19-119 Constittional Oath and Oath of Office Take any time after receiving certificate of election Administered by jdge, conty mayor, conty clerk, notary, governor or member of the General Assembly Filed with conty clerk It is a Class C misdemeanor to perform the dties of yor office prior to taking and filing yor oaths. T.C.A. 8-18-113. More Info on Oaths in e-li Sample Oaths of Office May Be Fond in E-li (Reference No. CTAS-30) 14