County Government

Plain English Breakdown

Checked against official source text during the last sync.

County Ethics Commissions in Tennessee

This bill requires each county in Tennessee to establish an ethics commission by January 1, 2027.

What This Bill Does

• Requires each county to create a county ethics commission before January 1, 2027.
• Specifies that the ethics commission must have six members: two appointed by the county mayor and four by the county legislative body.
• Sets qualifications for commissioners including residency requirements, age limits, voter registration status, ethical standards, and no felony convictions.
• Establishes rules for appointments, meetings, and duties of the ethics commissions.

Who It Names or Affects

• All counties in Tennessee
• County officials who will be subject to guidance and investigations by the ethics commission

Terms To Know

Ethics Commission

A group appointed to oversee ethical conduct within a county government.

Quorum

The minimum number of members required for the ethics commission to hold meetings and make decisions.

Limits and Unknowns

• Does not specify what happens if a county does not create an ethics commission by the deadline.
• Details about funding or enforcement mechanisms are not provided in the bill text.

Official Summary Text

Before January 1, 2027,
this bill requires
each county
to
create an ethics commission for the county to aid in
protecting the integrity of the processes of government and preventing abuse.

A county ethics commission must be constituted pursuant to this
bill
, unless the county legislative body provides an alternative by passage of a resolution.

COMMISSIONER QUALIFICATIONS

This bill provides that a
county ethics 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 commissioners from the majority party and the minority party
.
At a minimum, to be qualified for appointment as a commissioner,
this bill requires
a candidate
to meet all of the following criteria:



Be a legal resident of this state for
five
years immediately preceding appointment
.


Be at least
30
years of age
.


Be a registered voter in this state
.


Be a person of high ethical standards who has an active interest in promoting ethics in government
.


Not have been convicted of a felony.

This bill authorizes a
county legislative body
to
provide additional qualifications by resolution.
However,

a
n appointing authority
must
not appoint 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.

APPOINTMENTS

This bill requires the
appointing authorities
to
make their appointments at the first meeting of the county legislative body following a regular election.
The initial terms are staggered, and the terms following the initial terms are for four years.

REGULAR MEETINGS

This bill requires the
county mayor
to
call the first meeting of the county ethics 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 have all the powers and privileges of the other members.
Further, the
commission
must
fix the place and time of its regular meetings by order duly recorded in its minutes. Four members of the commission constitute a quorum
, and

f
our affirmative votes are required for any commission action.

SPECIAL MEETINGS

This bill requires s
pecial meetings
to either
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 residence and 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.

COMMISSION DUTIES

This bill provides that a
commission
must (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.

A commission may
also perform the following:



Subpoena witnesses
and compel
their attendance and testimony
.


C
onduct audits
.


A
dminister oaths
and
take evidence


R
equire, by subpoena duces tecum, the production of books, papers, records, or other evidence needed for the performance of the commission's duties
.


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 occurred
.


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

Seek injunctive relief in
a
court in the county to prevent continuing violations.

INVESTIGATIONS
–
VIOLATIONS

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

Current Bill Text

HOUSE BILL 1451
By Hardaway

SENATE BILL 2257
By Taylor
SB2257
009468
- 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;

- 2 - 009468

(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 - 009468

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;

- 4 - 009468

(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.
SECTION 2. This act takes effect upon becoming a law, the public welfare requiring it.