Ethics

Plain English Breakdown

The official status shows this bill as active or still awaiting another formal step, but it has been withdrawn. This affects future applicability and operation of the commission.

Shelby County Ethics Commission Act

This bill requires Shelby County to establish an ethics commission by January 1, 2027, to protect government integrity and prevent abuse.

What This Bill Does

• Requires Shelby County to create a county ethics commission before January 1, 2027.
• Specifies that the commission must have six members: two appointed by the county mayor and four by the county legislative body, with equal representation from both parties.
• Sets qualifications for commissioners including being a legal resident of Tennessee for five years, at least 30 years old, a registered voter, having high ethical standards, and not convicted of a felony.
• Establishes rules for meetings such as requiring four members to form a quorum and needing four affirmative votes for any action.
• Outlines duties including providing guidance on ethics, receiving complaints from citizens about county officials, and investigating alleged violations.

Who It Names or Affects

• Shelby County residents and government officials.
• The county mayor and legislative body in Shelby County.

Terms To Know

Ethics Commission

A group established to ensure ethical behavior among public officials and prevent abuse of power.

Quorum

The minimum number of members required for a meeting or vote to be valid, in this case four out of six commissioners.

Limits and Unknowns

• This bill only applies to Shelby County due to its population size.
• It is unclear how the commission will operate after January 1, 2027, as the bill was withdrawn and has not become law.

Official Summary Text

Before January 1, 2027,
this bill requires Shelby

C
ounty
to
create an ethics commission for the county to aid in protecting the integrity of the processes of government and preventing abuse
("commission")
.

A commission
so
created must be constituted pursuant to this
bill,
unless the county legislative body provides an alternative by passage of a resolution.
Such a
commission is composed of six members, with two being appointed by the county mayor and four appointed by the county legislative body. The appointing authorities
must
appoint an equal number of commiss
ioners from the majority party and the minority party.

QUALIFICATIONS FOR COMMISSIONERS

In order
to be qualified for appointment as a commissioner,
this bill requires
a candidate
to, at a minimum,
(
i
)
b
e a legal resident of this state for five years immediately preceding appointment
, (ii) b
e at least
30, (iii) b
e a registered voter in this state
, (iv) b
e a person of high ethical standards who has an active interest in promoting ethics in government
, and
(
v
)
n
ot have been convicted of a felony.
However, a
county legislative body may provide additional qualifications by resolution.

This bill prohibits an
appointing authority
from
appoint
ing
a person as a commissioner if the person or a member of the person's immediate family has qualified as a candidate for county public office, holds a county public office, or is a member of a political party's state or local executive committee.

This bill requires the
appointing authorities
to
make their appointments at the first meeting of the county legislative body following a regular election.
Initial terms are staggered, and, a
fter the initial terms, commissioners serve four-year terms.

MEETINGS

This bill requires the
county mayor
to call
the first meeting of the commission. The commissioners
must
select at that first meeting a chair from the membership. The chair
must
serve in that capacity for one year and
is
eligible for reelection. The chair
must
preside at all meetings and
has
all the powers and privileges of the other members.

This bill requires the
commission
to
fix the place and time of its regular meetings by order duly recorded in its minutes. Four members of the commission constitute
s
a quorum. Four affirmative votes are required for any commission action. Special meetings
must be
called by the chair on the chair's initiative or upon the written request of three members. Members
must
receive written notice three days in advance of a special meeting. Notice
must
be served personally or left at a member's usual place of r
esidence and
must
specify the purpose, time, and place of the meeting.
M
atters unrelated to the specified purpose
must not
be considered without a specific waiver by all members of the commission.

DUTIES OF THE COMMISSION

This bill requires the
commission
to (i) p
rovide guidance to county officials as to their ethical duties as requested
,
(
ii
)
r
eceive complaints from citizens regarding the conduct of county officials
,
and (
iii
)
i
nvestigate any alleged violation by a county official of an ethical duty, upon sworn complaint or upon its own motion.

This bill authorizes the
commission
to engage in all of the following conduct:



Subpoena witnesses, compel their attendance and testimony, conduct audits, administer oaths, take evidence and require, by subpoena duces tecum, the production of books, papers, records, or other evidence needed for the performance of the commission's duties or exercise of its powers, including its duties and powers of investigation
.


Issue written advisory opinions to county officials, upon request
.


Request legal and investigative assistance from the county attorney
.


Conduct a hearing to determine if an actual violation has occurre
d.


Issue an appropriate order following a determination of an actual violation
.


Seek injunctive relief in the circuit or chancery court in the county to prevent continuing violations.

If an investigation by the commission indicates a criminal violation has occurred,
then this bill requires
the commission
to
refer the matter to the appropriate law enforcement agency.

Current Bill Text

SENATE BILL 2501
By Kyle

HOUSE BILL 2293
By Hardaway
HB2293
010310
- 1 -

AN ACT to amend Tennessee Code Annotated, Title 3,
Chapter 6 and Title 5, relative to county ethics
commissions.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF TENNESSEE:
SECTION 1. Tennessee Code Annotated, Title 5, Chapter 1, Part 1, is amended by
adding the following as a new section:
(a) Before January 1, 2027, each county shall create an ethics commission for
the county to aid in protecting the integrity of the processes of government and
preventing abuse.
(b)
(1) A county ethics commission created pursuant to subsection (a) must
be constituted pursuant to this subsection (b), unless the county legislative body
provides an alternative by passage of a resolution.
(2) A county ethics commission is composed of six (6) members, with
two (2) being appointed by the county mayor and four (4) appointed by the
county legislative body. The appointing authorities shall appoint an equal
number of commissioners from the majority party and the minority party, as those
terms are defined in § 2-1-104.
(c)
(1) At a minimum, to be qualified for appointment as a commissioner, a
candidate must:
(A) Be a legal resident of this state for five (5) years immediately
preceding appointment;

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(B) Be at least thirty (30) years of age;
(C) Be a registered voter in this state;
(D) Be a person of high ethical standards who has an active
interest in promoting ethics in government; and
(E) Not have been convicted of a felony.
(2) A county legislative body may provide additional qualifications by
resolution.
(3) An appointing authority shall not appoint a person as a commissioner
if the person or a member of the person's immediate family, as defined in § 3-6-
301, has qualified as a candidate for county public office, holds a county public
office, or is a member of a political party's state or local executive committee.
(d)
(1) The appointing authorities shall make their appointments at the first
meeting of the county legislative body following a regular election.
(2) The initial terms of commissioners are as follows:
(A) The county mayor shall appoint one (1) commissioner to a
two-year term and one (1) commissioner to a four-year term; and
(B) The county legislative body shall appoint two (2)
commissioners to a two-year term and two (2) commissioners to a four-
year term.
(3) After the initial terms, commissioners serve four-year terms.
(e) The county mayor shall call the first meeting of the county ethics
commission. The commissioners shall select at that first meeting a chair from the
membership. The chair shall serve in that capacity for one (1) year and shall be eligible

- 3 - 010310

for reelection. The chair shall preside at all meetings and shall have all the powers and
privileges of the other members.
(f) The county ethics commission shall fix the place and time of its regular
meetings by order duly recorded in its minutes. Four (4) members of the commission
shall constitute a quorum. Four (4) affirmative votes are required for any commission
action. Special meetings shall be called by the chair on the chair's initiative or upon the
written request of three (3) members. Members shall receive written notice three (3)
days in advance of a special meeting. Notice shall be served personally or left at a
member's usual place of residence and shall specify the purpose, time, and place of the
meeting. No matters unrelated to the specified purpose may be considered without a
specific waiver by all members of the commission.
(g) A county ethics commission shall:
(1) Provide guidance to county officials as to their ethical duties as
requested;
(2) Receive complaints from citizens regarding the conduct of county
officials; and
(3) Investigate any alleged violation by a county official of an ethical duty,
upon sworn complaint or upon its own motion.
(h) A county ethics commission may:
(1) Subpoena witnesses, compel their attendance and testimony,
conduct audits, administer oaths, take evidence and require, by subpoena duces
tecum, the production of books, papers, records, or other evidence needed for
the performance of the commission's duties or exercise of its powers, including
its duties and powers of investigation;
(2) Issue written advisory opinions to county officials, upon request;

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(3) Request legal and investigative assistance from the county attorney;
(4) Conduct a hearing to determine if an actual violation has occurred;
(5) Issue an appropriate order following a determination of an actual
violation; and
(6) Seek injunctive relief in the circuit or chancery court in the county to
prevent continuing violations.
(i) If an investigation by the county ethics commission indicates a criminal
violation has occurred, the commission shall refer the matter to the appropriate law
enforcement agency.
(j) This section only applies in a county with a population greater than nine
hundred thousand (900,000), according to the 2020 or a subsequent federal census.
SECTION 2. This act takes effect upon becoming a law, the public welfare requiring it.