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County Commissioner :
The Tennessee Constitution provides that each county (not having a metropolitan
form of government) must elect a county legislative body, whose members serve a
term of four years. This body is sometimes referred to as the county commission or
the board of county commissioners, and a member referred to as a county
commissioner.
The county legislative body is composed of not less than nine nor more than 25
members elected from districts, with no more than three members elected from any
one district. The county mayor serves as a nonvoting ex officio member of the
county legislative body.
Any county resident who is at least 18 years old, and who is not otherwise
disqualified from holding public office (by reason of certain criminal convictions or
other legal disqualifications) may seek the office of county commissioner for the
district in which the commissioner resides. No educational or experience
requirements apply to the office.
County commissioners are elected by popular vote at the regular August election in
those even-numbered years in which the governor is elected, and each county
commissioner takes office on September 1 following the election, after receiving the
proper certificate of election and taking the required oath of office.
The Tennessee Constitution provides that each county (not having a metropolitan
form of government) must elect a county legislative body, whose members serve a
term of four years. This body is sometimes referred to as the county commission or
the board of county commissioners, and a member referred to as a county
commissioner.
The county legislative body is composed of not less than nine nor more than 25
members elected from districts, with no more than three members elected from any
one district. The county mayor serves as a nonvoting ex officio member of the
county legislative body.
Any county resident who is at least 18 years old, and who is not otherwise
disqualified from holding public office (by reason of certain criminal convictions or
other legal disqualifications) may seek the office of county commissioner for the
district in which the commissioner resides. No educational or experience
requirements apply to the office.
County commissioners are elected by popular vote at the regular August election in
those even-numbered years in which the governor is elected, and each county
commissioner takes office on September 1 following the election, after receiving the
proper certificate of election and taking the required oath of office.
Official Bond :
No official bond is required for a member of a county legislative body. However, the
county legislative body approves the official bonds of other county officials (except
court clerks) and may require an official to make a bond in an amount greater than
the minimum bond.
No official bond is required for a member of a county legislative body. However, the
county legislative body approves the official bonds of other county officials (except
court clerks) and may require an official to make a bond in an amount greater than
the minimum bond.
Oath of Office :
A county commissioner must take and subscribe to the following oath:
I do solemnly swear that I will perform with fidelity the duties of the office to which I have been elected and
which I am about to assume. I do solemnly swear to support the constitutions of Tennessee and the United
States and to faithfully perform the duties of the office of county commissioner representing the ________
district of ___________________ County, Tennessee.
The oath may be administered by the county mayor, county clerk, judge of any court of record, judge of the general
sessions court, or any officer legally authorized to administer an oath, which includes notaries public. County officers
generally file their oaths and certificates with the county clerk, who endorses the filing date.
A county commissioner must take and subscribe to the following oath:
I do solemnly swear that I will perform with fidelity the duties of the office to which I have been elected and
which I am about to assume. I do solemnly swear to support the constitutions of Tennessee and the United
States and to faithfully perform the duties of the office of county commissioner representing the ________
district of ___________________ County, Tennessee.
The oath may be administered by the county mayor, county clerk, judge of any court of record, judge of the general
sessions court, or any officer legally authorized to administer an oath, which includes notaries public. County officers
generally file their oaths and certificates with the county clerk, who endorses the filing date.
Compensation :
The compensation of county commissioners is determined by the county legislative body, although the General
Assembly establishes the minimum compensation. These minimum amounts vary from $20 to $35 for each day’s
attendance at meetings (except for counties in class one or two), depending upon county population. Instead of
receiving compensation for each meeting attended, the county legislative body may by resolution set their
compensation as a monthly salary, as long as the amount is greater than the minimum compensation per meeting.
County commissioners who are compensated for attending regular meetings of the county legislative body also
receive compensation at one-half of the regular meeting rate for attending duly authorized committee meetings.
The compensation of county commissioners is determined by the county legislative body, although the General
Assembly establishes the minimum compensation. These minimum amounts vary from $20 to $35 for each day’s
attendance at meetings (except for counties in class one or two), depending upon county population. Instead of
receiving compensation for each meeting attended, the county legislative body may by resolution set their
compensation as a monthly salary, as long as the amount is greater than the minimum compensation per meeting.
County commissioners who are compensated for attending regular meetings of the county legislative body also
receive compensation at one-half of the regular meeting rate for attending duly authorized committee meetings.
Duties :
The county legislative body is the primary policy-making body in the county. However, the county legislative body is
limited to the authority granted to it by the General Assembly in public (general) or private (local) acts. The most
important function of the county legislative body is the annual adoption of a budget to allocate expenditures within
service) that may be in existence in the particular county. The county legislative body has considerable discretion in
service) that may be in existence in the particular county. The county legislative body has considerable discretion in
dealing with the budget for all funds except the school budget, which in most counties must be accepted or rejected
as a whole. If rejected, the school board must continue to propose alternatives until a budget is adopted by both the
county school board and the county legislative body. The county legislative body sets a property tax rate that, along
with revenues from other county taxes and fees as well as state and federal monies allocated to the county, are used
to fund the budget. The county legislative body is subject to various restrictions in imposing most taxes (such as
referendum approval or rate limits), although these do not apply to the property tax.
The county legislative body serves an important role in exercising local approval authority for private acts when the
private act does not call for referendum approval. Private acts, which often give additional authority to counties, must
be approved by a two-thirds vote of the members of the county legislative body or be approved by a referendum in
order to become effective. The form of local approval required is specified in the private act.
The county legislative body annually elects a chair and a chair pro tempore. The county legislative body in most
counties may elect the county mayor or a member of the body to be the chair, although the county mayor may refuse
to serve. If the county mayor is chair, he or she may vote only to break a tie vote. If a member is chair, the member
votes as a member, but cannot vote again to break a tie. If the county mayor is not chair, he or she may veto most
resolutions of the county legislative body, but this veto may be overridden by a majority vote. The majority vote that
is required for this and the passage of resolutions and most other measures is a majority of the entire actual
membership of the county legislative body, and not a majority of the quorum, nor a majority of the authorized
membership.
Another important function of the county legislative body is its role in electing county officers when there is a vacancy
in an elected county office. The person elected by the county legislative body serves in the office for the remainder
of the term or until a successor is elected, depending upon when the vacancy occurred. When filling a vacancy in a
county office, a notice must be published in a newspaper of general circulation in the county at least seven days
prior to the meeting in which the office will be filled. This notice must notify the public of the vacancy and specify the
office to be filled at the meeting. Before the county legislative body votes or considers any motion or resolution
regarding the office to be filled, the chair shall allow voters of the county an opportunity to submit names to the
county legislative body for consideration. The names may be submitted in writing to the chair prior to the meeting or
submitted in person at the meeting. In order for a name to be considered, a member of the county legislative body
must subsequently nominate the person. Members of the county legislative body may also nominate a candidate or
candidates to fill the office or vacancy without the name being submitted by a voter. Nominations do not require a
second. If the person nominated is not present at the meeting, the person making the nomination shall submit a
signed statement from the nominee that the nominee is willing to serve in the office if appointed.
After nominations cease, the county legislative body may discuss the nominations and may, at the discretion of the
chair, interview nominees or allow nominees the opportunity to address the county legislative body. Upon motion
passed by the majority of the members, the vote to make the appointment may be postponed to a subsequent
meeting, provided that adequate public notice of the meeting is given.
The county legislative body is the primary policy-making body in the county. However, the county legislative body is
limited to the authority granted to it by the General Assembly in public (general) or private (local) acts. The most
important function of the county legislative body is the annual adoption of a budget to allocate expenditures within
service) that may be in existence in the particular county. The county legislative body has considerable discretion in
service) that may be in existence in the particular county. The county legislative body has considerable discretion in
dealing with the budget for all funds except the school budget, which in most counties must be accepted or rejected
as a whole. If rejected, the school board must continue to propose alternatives until a budget is adopted by both the
county school board and the county legislative body. The county legislative body sets a property tax rate that, along
with revenues from other county taxes and fees as well as state and federal monies allocated to the county, are used
to fund the budget. The county legislative body is subject to various restrictions in imposing most taxes (such as
referendum approval or rate limits), although these do not apply to the property tax.
The county legislative body serves an important role in exercising local approval authority for private acts when the
private act does not call for referendum approval. Private acts, which often give additional authority to counties, must
be approved by a two-thirds vote of the members of the county legislative body or be approved by a referendum in
order to become effective. The form of local approval required is specified in the private act.
The county legislative body annually elects a chair and a chair pro tempore. The county legislative body in most
counties may elect the county mayor or a member of the body to be the chair, although the county mayor may refuse
to serve. If the county mayor is chair, he or she may vote only to break a tie vote. If a member is chair, the member
votes as a member, but cannot vote again to break a tie. If the county mayor is not chair, he or she may veto most
resolutions of the county legislative body, but this veto may be overridden by a majority vote. The majority vote that
is required for this and the passage of resolutions and most other measures is a majority of the entire actual
membership of the county legislative body, and not a majority of the quorum, nor a majority of the authorized
membership.
Another important function of the county legislative body is its role in electing county officers when there is a vacancy
in an elected county office. The person elected by the county legislative body serves in the office for the remainder
of the term or until a successor is elected, depending upon when the vacancy occurred. When filling a vacancy in a
county office, a notice must be published in a newspaper of general circulation in the county at least seven days
prior to the meeting in which the office will be filled. This notice must notify the public of the vacancy and specify the
office to be filled at the meeting. Before the county legislative body votes or considers any motion or resolution
regarding the office to be filled, the chair shall allow voters of the county an opportunity to submit names to the
county legislative body for consideration. The names may be submitted in writing to the chair prior to the meeting or
submitted in person at the meeting. In order for a name to be considered, a member of the county legislative body
must subsequently nominate the person. Members of the county legislative body may also nominate a candidate or
candidates to fill the office or vacancy without the name being submitted by a voter. Nominations do not require a
second. If the person nominated is not present at the meeting, the person making the nomination shall submit a
signed statement from the nominee that the nominee is willing to serve in the office if appointed.
After nominations cease, the county legislative body may discuss the nominations and may, at the discretion of the
chair, interview nominees or allow nominees the opportunity to address the county legislative body. Upon motion
passed by the majority of the members, the vote to make the appointment may be postponed to a subsequent
meeting, provided that adequate public notice of the meeting is given.
Meetings :
The county legislative body may fix the times for its regular meetings, but must hold at least one regular meeting
each calendar quarter. The trend is to hold more meetings as the responsibilities of county government have
expanded over the past decades. Most county legislative bodies now hold regular monthly meetings. The county
mayor has the power to call a special meeting of the county legislative body. Also, a majority of the county
commissioners may call a special meeting by making application to the chair of the county legislative body. (Shelby
and Davidson counties are excepted from the general law on this subject, and have somewhat different provisions
under their county or metropolitan government charter provisions.) In general, the call for a special meeting must be
made in a newspaper publication or by personal notices to the county commissioners sent by the county clerk. This
notice must be at least five days before the time for convening the county legislative body. Notice of meeting must be
made to be public under the Open Meetings Law even if no other specific law applies. Special rules for a meeting to
fill a vacancy are discussed above.
* The duties and procedures of the county legislative body may vary in counties with metropolitan forms of
government.
The county legislative body may fix the times for its regular meetings, but must hold at least one regular meeting
each calendar quarter. The trend is to hold more meetings as the responsibilities of county government have
expanded over the past decades. Most county legislative bodies now hold regular monthly meetings. The county
mayor has the power to call a special meeting of the county legislative body. Also, a majority of the county
commissioners may call a special meeting by making application to the chair of the county legislative body. (Shelby
and Davidson counties are excepted from the general law on this subject, and have somewhat different provisions
under their county or metropolitan government charter provisions.) In general, the call for a special meeting must be
made in a newspaper publication or by personal notices to the county commissioners sent by the county clerk. This
notice must be at least five days before the time for convening the county legislative body. Notice of meeting must be
made to be public under the Open Meetings Law even if no other specific law applies. Special rules for a meeting to
fill a vacancy are discussed above.
* The duties and procedures of the county legislative body may vary in counties with metropolitan forms of
government.
Other Matters :
It is important that members of the county legislative body be familiar with the applicable state and federal laws that
may affect the county, its business, and its employees. Also, the county legislative body members should have a
basic understanding of potential liability, both personal liability and county liability, and of the Tennessee
Governmental Tort Liability Act. Every county official should be familiar with the conflict of interest, ethics, and
disclosure laws applicable to their offices. The University of Tennessee County Technical Assistance Service
(CTAS) covers such topics at each County Officials Orientation Program – scheduled for the August following the
county election. CTAS has a Web site (www.ctas.tennessee.edu) with information about the agency, including
numerous publications on issues affecting local government, links to informative Web sites, and other valuable
resources.
It is important that members of the county legislative body be familiar with the applicable state and federal laws that
may affect the county, its business, and its employees. Also, the county legislative body members should have a
basic understanding of potential liability, both personal liability and county liability, and of the Tennessee
Governmental Tort Liability Act. Every county official should be familiar with the conflict of interest, ethics, and
disclosure laws applicable to their offices. The University of Tennessee County Technical Assistance Service
(CTAS) covers such topics at each County Officials Orientation Program – scheduled for the August following the
county election. CTAS has a Web site (www.ctas.tennessee.edu) with information about the agency, including
numerous publications on issues affecting local government, links to informative Web sites, and other valuable
resources.