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 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.
County Commission Job Description
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.
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.
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 county legislative body is the primary policy-making body in the county.
However, the county legislative body is 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.
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.