DeKalb County | Alexandria | Dowelltown | Liberty | Smithville | Tennessee | United States

DeKalb County Courthouse

	Assessor of Property Mr. Timothy "Fud" Banks Term: Four Years [2008-2012] The assessor determines the value of all property in the county, whether real, personal or mixed, including mineral rights, leaseholds and all other property except property of public utilities valued by the state.  The office of assessor is mandated by the Constitution of the State of Tennessee. [Read More]	DeKalb County Courthouse Room 202 Smithville, TN 37166 615 597-5925 615 597-5110
	Circuit Court Clerk General Sessions Court Clerk Juvenile Court Clerk Mrs. Katherine Pack Term: 4 years [2006-2010] Clerk for: General Sessions, Circuit and Criminal Courts. Keeps detailed records of all court proceedings and collects all fines, fees and litigation taxes ordered by the court. [Read More]	DeKalb County Courthouse Room 303 Smithville, TN 37166 615 597-5711 615 597-5159
	Clerk and Master Chancery Court Mrs. Debbie Malone Term: 6 years - appointed by Chancellor Clerk of the Chancery Court. Keeps records of all orders and proceedings. [Read More]	DeKalb County Courthouse Room 302 Smithville, TN 37166 615 597-4360
	County Court Clerk Mr. Mike Clayborn Term: Four Years [2006-2010] Serves as clerk of and keeps records of the county legislative body. Minutes of county commission meetings are required to be promptly and fully recorded and open to public inspection. Collects business taxes, handles motor vehicle registration and licensing. Issues marriage licenses and may solemnize a marriage. Keeps a record of the notaries public. The office of county clerk is mandated by the Constitution of the State of Tennessee.  [Read More]	DeKalb County Courthouse Room 205 615 597-5177
	County Mayor Mr. Mike Foster Term: Four Years [2006-2010] Chief executive officer of the county. Primary duties focus on county financial management. Compiles a budget for all county departments, offices and agencies. Custodian of all county property not placed with other officers, may also examine the accounts of county officers.  The office of county mayor is mandated by the Constitution of the State of Tennessee.  [Read More]	DeKalb County Courthouse Room 204 Smithville, TN 37166 615 597-5175 Fax: 615 597-2986
	DeKalb County Fire Department Chief: Donny Green, Chief is annually nominated by members and appointed by DeKalb County Executive and Commission. Provides fire protection and prevention services to DeKalb County. 15 officers, 65 volunteer firemen. 9 Substations: Cookeville Highway Short Mountain Midway Keltonburg Liberty Belk Temperance Hall Johnson's Chapel Blue Springs 6 Pumpers and 3 pumper/tanker combinations 1 Equipment First Response Truck ISO Rating: 9 Organization Date: 1975	P.O. Box 526 Smithville, TN. 37166 615 597-1332 615-464-7176 Website: www.dekalbfire.com Emergencies: 911
	Register of Deeds Mr. Jeff McMillen Term: Four Years [2006-2010] Records and stores all records pertaining to ownership of real and personal property. Including deeds, deeds of trust (mortgages), financing statements called fixture filings under the Uniform Commercial Code (U.C.C.), assignments, plats, court decrees, leases, liens, releases and many other instruments.  The office of register of deeds is mandated by the Constitution of the State of Tennessee.   [Read More]	DeKalb County Courthouse Room 201 Smithville, TN 3766 615 597-4153
	Road Supervisor Mr. Kenny Edge Term: 4 years  [2006-2010] Chief Administrative Officer of the county highway department. Supervises and controls the machinery, equipment, tools and supplies of the department and must complete an annual inventory. Files with the county commission an annual listing of all roads included in the county highway system and recommendations for classifying, adding or removing roads from the system. [Read More]	720 Smith Road Smithville, TN 37166 615 597-4144
	Sheriff Mr. Patrick Ray Term: 4 years [2006-2010] Duties include crime prevention, investigation of criminal activity and the arrest of criminals. Proper disposal of contraband, abandoned motor vehicles, and unlawful weapons. Supervision of the jail and inmates. Civil duties include keeping order in the courts and serving all process handed down by the courts. The office of sheriff is mandated by the Constitution of the State of Tennessee.  [Read More]	100 Public Square Smithville, TN 37166 615 597-4935 615 597-4043 Fax: 615 597-2536 Emergencies: 911
	Trustee Mr. Sean Driver Term: Four Years [2006-2010] Acts as the general banker for the county. Sends out tax statements and collects the revenue. Receives and disburses county funds, keeping accurate records of each transaction. Files monthly and annual financial reports and manages the cash flow of county revenue.  The office of trustee is mandated by the Constitution of the State of Tennessee. [Read More]	DeKalb County Courthouse Room 206 Smithville, TN 37166 615 597-5176

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Tax Assessor

Assessor of Property:

The assessor of property was a statutory office for many decades before it became a constitutional office following the 1978 amendments to the Tennessee Constitution. The assessor of property is elected to a four-year term in the August general election in even numbered years in which there is not an election for governor. T.C.A. § 67-1-502.This places the election of the assessor in years different from the other county constitutional officers who are popularly elected.

Qualifications:

The office of assessor of property does not carry any election qualifications beyond the general qualifications noted earlier in this chapter for county officers.  (General qualifications are listed in the next paragraph). However, the state board of equalization is authorized to prescribe educational and training courses to be taken by assessors and their deputies and to specify qualification requirements for certification of anyone who is to be engaged to appraise and assess property for purpose of taxation and be deemed a “qualified local assessor of property.” T.C.A. § 67-1-509.

General qualifications of officeholders:

are located in the Tennessee Code Annotated, which provides that all persons 18 years old and over, who are citizens of the United States and of Tennessee, and who meet certain residency requirements are qualified to hold office unless the person:

1. Has been convicted of offering or giving a bribe, of larceny, or, of any other offense declared infamous by law, unless the person has been restored to citizenship as prescribed by law;

2. Has not paid a judgment for money received in an official capacity, which is due to the United States, Tennessee, or any county;

3. Has defaulted to the treasury at the time of election (in which case the election is void);

4. Is a soldier, seaman, marine, or airman in the regular United States Army, Navy or Air Force; or

5. Is a member of Congress or holds any office of profit or trust under any foreign power, other state of the Union, or the United States.

T.C.A. § 8-18-101.

Additional statutory qualifications are required for certain county offices, such as sheriff, and are discussed in the individual county office section. The offices and duties noted in this chapter may vary in counties with a metropolitan government charter or a county government charter.


Oath of Office and Bond:

Each assessor and deputy assessor must take and subscribe to a special oath of office. The assessor’s oath of office and constitutional oath may be found in the appendix to this handbook. The oath, which is different from that of other county officials, is to be attached to and filed with the bond in the amount of $10,000 in the county clerk's office. T.C.A. §§ 67-1-505, 67-1-507. The official bond of the assessor must be approved by the county mayor as well as the county legislative body, recorded in the office of the register and transmitted to the comptroller of the treasury. Also, the county legislative body by a two-thirds vote is required to determine whether the assessor’s official bond will be with two or more good sureties approved by the body or with a corporate surety. T.C.A. § 67-1-505.

Compensation:

The assessor of property is listed as one of the “general officers” who must receive at least the minimum salary amount determined by statute. The county legislative body may set a greater amount for the “general officers.” T.C.A. § 8-24-102.Also, the county legislative body may set a greater amount just for the assessor if in the judgment of the county commissioners, additional compensation is necessary to attract and retain the service of assessors of professional competence, technical skills and needed administrative abilities. T.C.A. § 67-1-508. The state board of equalization prescribes educational and training courses to be taken by assessors and their deputies and provides certification to those who complete these courses. T.C.A. § 67-1-509.Assessors (and deputy assessors) may be additionally compensated by the state board if necessary course work and training has been completed and the assessor has been designated as a “Certified Assessment Evaluator” by the International Association of Assessing Officers. The additional compensation ranges from $750 to $1,500 annually. Also, any assessor (or deputy assessor) who has completed the necessary courses of study and training and has been designated a “Tennessee Certified Assessor” or a “Residential Evaluation Specialist” by the International Association of Assessing Officers will receive from the state an additional $750 per year. T.C.A. § 67-1-508.

Deputies and Assistants:

Unlike many other officials who obtain authority for deputies and assistants through court order or letter of agreement, the assessor is limited by the budget adopted by the county legislative body with the following restriction: The assessor is authorized by statute to appoint one deputy for each 4,500 parcels of property over and above the first 4,500 parcels in the county. Each deputy has the same power, duties, and liabilities as the assessor concerning the appraisal, classification, and assessment of property. If an assessor does not have enough parcels of property to qualify for a deputy, a secretary may be employed to assist in the operation of the office, with the approval of the legislative body. T.C.A. § 67-1-506.

Duties:

The assessor’s duties include two basic functions: appraisal and assessment of taxable real and personal property in the county that is not appraised by the state. After the assessor has determined the appraised value of property in the county, the assessed value is calculated. This is done by applying the classification percentage, as stated in the Tennessee Constitution, to the appraised value of the property. TENN. CONST., art. II, § 28; T.C.A. § 67-5-901. For example, real property will have the constitutional percentages applied (public utility - 55 percent, industrial and commercial- 40 percent, residential and farm - 25 percent) to the appraised value to determine the assessed value of nonexempt real property. For purposes of ad valorem taxation of property, the assessor of property places a value on commercial, industrial, residential, and farm land, including mineral rights and taxable leaseholds, but public utility property is valued by the state. T.C.A. §§ 67-5-101, 67-5-, 1301. Superimposed upon this classification scheme for real property is the special treatment for so-called “greenbelt” property under the Agricultural, Forest, and Open Space Land Act. Pursuant to that act, land classified as “greenbelt” receives valuation based upon its use value rather than its potential for other higher uses (e.g., market value) unless the use or classification changes. In that case, taxes known as rollback taxes are assessed on the difference between the assessment as “greenbelt” property and the property’s reclassified use to recapture “lost” tax revenue for up to three years for agricultural land and five years for open space land. T.C.A. § 67-1008.

The assessor also appraises and assesses taxable tangible personal property. T.C.A. §67-5-901 et seq. The assessor must assess and place a value on all county property for taxation purposes by May 20 of each year; the date of valuation is January 1. T.C.A. §67-5-504. This assessed amount is taxed according to the rate established by the county legislative body. In order to keep appraisals current, reappraisals are done on a four-, five- or six-year cycle. In counties using a six-year cycle, updating is done in the third year of the cycle. Counties with a four- or five- year cycle do no updating or indexing to reflect current value as do those on a six-year cycle. However, in order to use the alternative five-year cycle, the assessor and the county legislative body must agree to its use. Assessors are also required to maintain the property maps of the county. T.C.A. § 67-5-1601. The assessor also makes “back” assessments of property, land or improvements, that were omitted from the tax rolls or escaped taxation and makes corrections of erroneous assessments within certain time limitations. T.C.A. §§67-1-1001, 67-5-509.

A more detailed description of the duties of the assessor is found in the County Property Tax Manual, a CTAS publication that may be found on the CTAS Web site at www.ctas.utk.edu. Also, the division of property assessments of the office of the comptroller of the treasury provides assessment manuals for the assessor.

Relationship to County Legislative Body and Other Officials:

The assessor must interact with the county mayor and/or a finance/budget director as well as the county legislative body regarding the assessor’s budget and budget amendments. The exact procedures vary from county to county depending upon whether the county operates under a charter or optional general law regarding budgeting, or has a private act dealing with this subject. However, all assessors must submit budget requests in a timely manner in the first half of each calendar year for inclusion in the county’s annual budget. Most counties have budget committees that may recommend appropriations for the assessor’s budget that differ from that submitted by the assessor. The county legislative body determines the amount of the assessor’s budget, subject to certain restrictions such as the requirement to fund a deputy for each 4500 parcels of land in the county over the first 4500 parcels.

The assessor has an important relationship with the county trustee. The assessor annually submits to the trustee the tax roll of the county, which includes the appraised and assessed valuation, including use value for “greenbelt” qualifying property; submits certification to the trustee for errors discovered in the tax rolls within specified time limits, as well as back assessments and reassessments of property; and certifies to the trustee changes in the classification of “greenbelt” property that requires the collection of rollback taxes.

The assessor also has an important relationship with the register of deeds in gathering information as each change of property ownership must be noted by the assessor as well as changes in value reflected in affidavits of value on deeds subject to the state transfer tax. Some county legislative bodies cause the offices of register and assessor to be located next to each other to facilitate the transfer of information. Other changes of ownership may be reflected in probated wills and divorce decrees; therefore, a good working relationship with the clerks of court also helps the assessor maintain up-to-date assessment rolls.

The assessor must also interact with county and state boards of equalization in determining the correct valuation of property when the taxpayer appeals the assessment.

The assessor receives assistance from the Division of Property Assessments, which has a major role in the periodic reassessment of property in the county. Certain utility property, such as that of telecommunications companies, railroad companies and pipeline companies, are centrally assessed by the state comptroller of the treasury. The state Board of Equalization reviews the assessments made by the comptroller and upon certification of these assessments, the comptroller certifies these valuations to the assessor and trustee of the county where the properties lie. T.C.A. §§ 67-5-1329, 67-5-1331. The assessor incorporates these central assessments into the county’s tax roll.

Vacancies:

As with other county offices, vacancies in the office of the assessor are filled by the county legislative body. The appointee will hold office until a successor is elected at the first regular August election after the vacancy. The new assessor holds office until the close of the term for which the predecessor was elected. T.C.A. § 67-1-504. If the office becomes vacant due to death, resignation, or removal, the assessor's duties must be temporarily discharged by the chief deputy or by the deputy designated by the assessor in writing as the temporary successor until a successor is elected or appointed and qualified according to law. T.C.A. § 67-1-504.

[See the section covering general information on COUNTY CONSTITUTIONAL OFFICES]

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Circuit Court Clerk

Clerks of Court

The Tennessee Constitution in Article VI places the judicial power of the state in one supreme court and in such circuit, chancery and other inferior courts as the legislature creates. The Constitution further provides in Article VI, Section 13, that chancellors appoint the clerk and master for a six-year term and that clerks of other inferior courts are elected for a four-year term. The Tennessee Constitution provides that the clerks of the inferior courts may be chosen on a district or county basis. Many counties have only the circuit court clerk and clerk and master to perform clerking duties for all of the courts held in the county, but others have additional court clerks established by private act or charter, such as general sessions court clerk or juvenile court clerk. In any county in which a separate general sessions clerk is created by private act, the clerk serves in accordance with the private act. T.C.A. § 16-15-301. In counties without a separate general sessions clerk, the circuit clerk usually serves as the general sessions court clerk. T.C.A. § 16-15-301. In most counties, the circuit court has both civil and criminal jurisdiction and uses only one clerk, but some populous counties have a separate criminal court and elected criminal court clerk.

In those counties in which the general sessions court is also the juvenile court, the clerk of the court exercising juvenile jurisdiction in such counties prior to May 19, 1982,serves as the juvenile court clerk unless a private act or county or metropolitan charter provides otherwise. T.C.A. § 37-1-210. Many county clerks inherited this duty since the county clerk was formerly the clerk of the county court before its judicial powers were removed in the implementation of the 1978 constitutional amendments. However, many counties have since transferred juvenile court clerking duties by private act from the county clerk to the clerk serving the general sessions court.

Qualifications:

The clerks of court do not carry any qualifications beyond the general qualifications noted earlier in this chapter for county officers.  (General qualifications are listed in the next paragraph)

General qualifications of officeholders:

are located in the Tennessee Code Annotated, which provides that all persons 18 years old and over, who are citizens of the United States and of Tennessee, and who meet certain residency requirements are qualified to hold office unless the person:

1. Has been convicted of offering or giving a bribe, of larceny, or, of any other offense declared infamous by law, unless the person has been restored to citizenship as prescribed by law;

2. Has not paid a judgment for money received in an official capacity, which is due to the United States, Tennessee, or any county;

3. Has defaulted to the treasury at the time of election (in which case the election is void);

4. Is a soldier, seaman, marine, or airman in the regular United States Army, Navy or Air Force; or

5. Is a member of Congress or holds any office of profit or trust under any foreign power, other state of the Union, or the United States.

T.C.A. § 8-18-101.

Additional statutory qualifications are required for certain county offices, such as sheriff, and are discussed in the individual county office section. The offices and duties noted in this chapter may vary in counties with a metropolitan government charter or a county government charter.

Oath of Office and Bond:

Court clerks and their deputies must take an oath of office specific to the office of court clerk as well as the constitutional oath. T.C.A. §§ 18-1-103,18-1-104. Examples of the oaths required of court clerks and their deputies is found in the appendix. The oath may be administered by the county mayor, county clerk, or a judge of any court of record. T.C.A. § 8-18-109. Also, the judge of the general sessions court may administer oaths of office to all elected and appointed officials. Clerks of court file their oaths and certificate of election (if popularly elected) with the county clerk.

Every clerk must enter into a bond of $25,000 in counties with a population of less than15,000 and $50,000 in counties with a population of 15,000 or more, or the court may require a greater bond. T.C.A. § 18-2-201. After being acknowledged before, approved and certified by the court, the bond must be entered upon the minutes of the court within30 days and must then be recorded in the office the county register of deeds and transmitted to the comptroller of the treasury for safekeeping. T.C.A. § 18-2-205. See also T.C.A. § 18-19-103 (Recording of bonds of county officers); T.C.A. § 18-19-115(Time of filing).

Commissioner and Receiver Bond:

Courts may also require their clerks to give bond in such sum as the court may deem sufficient to cover property or funds that may at anytime come to the hands of such clerks as special commissioners or receivers. T.C.A. §18-2-202.

Special Bonds:

The court may also require special bonds to meet particular exigencies, and in a suitable penalty, whenever, in its judgment, the interest of suitors render it necessary. T.C.A. § 18-2-204.

Compensation:

As discussed earlier in this chapter, clerks of court must receive an annual minimum salary in the amount for a general officer as formulated in T.C.A. § 8-24-102. The county legislative body may increase the salary of the general officers above the minimum amount, but may not increase the salary of a court clerk without also increasing the salary of other general officers unless the clerk of court serves more than one court in the county. If the clerk of court serves more than one court in the county, the county legislative body may set additional compensation for such clerk in the amount of 10 percent of the base salary of the clerk of court. The amount due the court clerk as compensation does not vary with the amount of fees or commissions collected regardless of whether the salary of the court clerk is paid from the clerk’s fee account or from the general fund.

Deputies and Assistants:

The court clerk may receive authority to employ deputies and assistants through a letter of agreement or court order as explained earlier in this chapter. If the court clerk decides to petition for additional deputies or assistants or additional salary amounts, the petition is filed in the court that the clerk serves, and the county mayor defends the salary suit. T.C.A. § 8-20-101.

Duties:

Clerks serve an important role in the operation of the Tennessee court system, a role that is outlined generally in Title 18 of the Tennessee Code Annotated. Some of the clerks' duties include the following: (1) attending each court session with all the papers for the cases on the docket; (2) administering oaths to parties and witnesses who testify; (3) keeping minutes of the court in a well-bound book or in an electronic format so long as certain rules relating to the safekeeping of the records are followed;(4) maintaining the rule docket and an execution docket in which all court judgments or decrees are entered in order of rendition and all receipts and disbursements in a case are entered; (5) maintaining indexes for all books and dockets that are kept by the office; and (6) investing funds pursuant to T.C.A. § 18-5-106. T.C.A. §§ 18-5-102, 18-1-105. The clerk must reside in the county where the court is held and maintain an office in the county seat. T.C.A. § 18-1-102.

General sessions clerks have duties similar to other court clerks: (1) retaining, preserving, and filing in order all papers in civil cases; (2) transmitting papers when an appeal has been taken to circuit court; and (3) keeping in a well-bound book a docket of all judgments and executions, or storing such information in an electronic format in accordance with rules for the safekeeping of these records. T.C.A. § 16-15-303.

Because court clerks deal with voluminous paperwork, the storage and retention of documents are important aspects of these offices, and it is extremely important that there cords of the clerk’s office be well organized and accurate.

Clerks collect state and county litigation taxes, criminal injuries compensation tax in courts with criminal jurisdiction, county expense fees, and depending upon the particular court, funds for the impaired driver’s trust fund, Tennessee Bureau of Investigation fees, misdemeanant jail per diems, fines, sheriff’s fees, clerk’s fees, witness fees and other items of court costs. Clerks prepare bills of costs in cases, account for these monies and make collection efforts when these amounts are unpaid. Clerks may elect to use certain “flat fees” instead of itemizing the fees according to the clerk’s fee statute, T.C.A.§ 8-21-401. Clerks maintain a cash journal (general ledger) to account for and summarize the cash transactions of the office and issue receipts for all collections.

Clerks invest idle funds according to T.C.A. § 18-5-106, and often serve in a fiduciary capacity to invest funds held for third parties. Additionally, clerks and masters conduct delinquent tax sales, and clerks more generally may conduct sales of property ordered by the court. Clerks, depending upon the particular court, may collect support, including alimony and child support, pursuant to court order and the general law although the responsibility for collecting support in many cases has been transferred to a central state collecting agency.

It is the official duty of each clerk of court to attend meetings of the state court clerks’ conference unless the clerk is otherwise officially engaged or is unable to attend for good and sufficient reasons. T.C.A. § 18-1-501 et seq.

Relationship to County Legislative Body and Other Officials:

The court clerk must interact with the county mayor and/or a finance/budget director as well as the county legislative body regarding the clerk’s budget and budget amendments. The exact procedures vary from county to county depending upon whether the county operates under a charter or optional general law regarding budgeting, or has a private act dealing with this subject. However, all court clerks must submit budget requests in a timely manner in the first half of each calendar year for inclusion in the county’s annual budget. Most counties have budget committees that may recommend appropriations for the clerk’s budget that differ from those submitted by the court clerk. The county legislative body determines the amount of the clerk’s budget, subject to certain restrictions, such as following the requirements of any court order regarding a salary suit for deputies or assistants. In many counties, depending upon the applicable law, the county mayor has the authority to approve line item amendments to the clerk’s budget within major categories not affecting personnel, whereas major category amendments require the approval of the county legislative body. T.C.A. § 5-9-407.

Of course the clerks have a close working relationship with the judges or chancellors of the courts they serve. A good working relationship between judge and clerk is vital to the efficient operation of the courts. Court clerks also interact regularly with the office of sheriff and collect sheriff’s fees as part of the bill of costs. Process directed to the sheriff is returned by the sheriff or deputy to the court clerk. The sheriff executes on property in proper cases and returns funds to the clerk to allocate according to law. If a county has constables who serve process, the court clerk may also interact with these officials in the performance of their duties.

All clerks interact with the trustee in the regular remittance of fees and local litigation taxes. Clerks and masters interact with the trustee and the delinquent tax attorney regarding collections of delinquent property taxes and tax sales.

Vacancies:

Vacancies in offices of elected clerks are filled by the county legislative body as described in Chapter 8. T.C.A. § 5-1-104. If there is a vacancy in the office of clerk and master, a new clerk is appointed by the chancellor for another six-year term, beginning with the date of the appointment. T.C.A. § 18-5-501. In case of death of any clerk, the deputy holds office until the vacancy is filled. T.C.A. § 18-1-401.

Removal by Judge:

Clerks of court may be removed from office for misconduct by summary proceedings by the judge of the court they serve, under the provisions of T.C.A. § 18-1-301 et seq.

[See the section covering general information on COUNTY CONSTITUTIONAL OFFICES]
 

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Clerk and Master

Clerks of Court

The Tennessee Constitution in Article VI places the judicial power of the state in one supreme court and in such circuit, chancery and other inferior courts as the legislature creates. The Constitution further provides in Article VI, Section 13, that chancellors appoint the clerk and master for a six-year term and that clerks of other inferior courts are elected for a four-year term. The Tennessee Constitution provides that the clerks of the inferior courts may be chosen on a district or county basis. Many counties have only the circuit court clerk and clerk and master to perform clerking duties for all of the courts held in the county, but others have additional court clerks established by private act or charter, such as general sessions court clerk or juvenile court clerk. In any county in which a separate general sessions clerk is created by private act, the clerk serves in accordance with the private act. T.C.A. § 16-15-301. In counties without a separate general sessions clerk, the circuit clerk usually serves as the general sessions court clerk. T.C.A. § 16-15-301. In most counties, the circuit court has both civil and criminal jurisdiction and uses only one clerk, but some populous counties have a separate criminal court and elected criminal court clerk.

In those counties in which the general sessions court is also the juvenile court, the clerk of the court exercising juvenile jurisdiction in such counties prior to May 19, 1982,serves as the juvenile court clerk unless a private act or county or metropolitan charter provides otherwise. T.C.A. § 37-1-210. Many county clerks inherited this duty since the county clerk was formerly the clerk of the county court before its judicial powers were removed in the implementation of the 1978 constitutional amendments. However, many counties have since transferred juvenile court clerking duties by private act from the county clerk to the clerk serving the general sessions court.

Qualifications:

The clerks of court do not carry any qualifications beyond the general qualifications noted earlier in this chapter for county officers.  (General qualifications are listed in the next paragraph)

General qualifications of officeholders:

are located in the Tennessee Code Annotated, which provides that all persons 18 years old and over, who are citizens of the United States and of Tennessee, and who meet certain residency requirements are qualified to hold office unless the person:

1. Has been convicted of offering or giving a bribe, of larceny, or, of any other offense declared infamous by law, unless the person has been restored to citizenship as prescribed by law;

2. Has not paid a judgment for money received in an official capacity, which is due to the United States, Tennessee, or any county;

3. Has defaulted to the treasury at the time of election (in which case the election is void);

4. Is a soldier, seaman, marine, or airman in the regular United States Army, Navy or Air Force; or

5. Is a member of Congress or holds any office of profit or trust under any foreign power, other state of the Union, or the United States.

T.C.A. § 8-18-101.

Additional statutory qualifications are required for certain county offices, such as sheriff, and are discussed in the individual county office section. The offices and duties noted in this chapter may vary in counties with a metropolitan government charter or a county government charter.

Oath of Office and Bond:

Court clerks and their deputies must take an oath of office specific to the office of court clerk as well as the constitutional oath. T.C.A. §§ 18-1-103,18-1-104. Examples of the oaths required of court clerks and their deputies is found in the appendix. The oath may be administered by the county mayor, county clerk, or a judge of any court of record. T.C.A. § 8-18-109. Also, the judge of the general sessions court may administer oaths of office to all elected and appointed officials. Clerks of court file their oaths and certificate of election (if popularly elected) with the county clerk.

Every clerk must enter into a bond of $25,000 in counties with a population of less than15,000 and $50,000 in counties with a population of 15,000 or more, or the court may require a greater bond. T.C.A. § 18-2-201. After being acknowledged before, approved and certified by the court, the bond must be entered upon the minutes of the court within30 days and must then be recorded in the office the county register of deeds and transmitted to the comptroller of the treasury for safekeeping. T.C.A. § 18-2-205. See also T.C.A. § 18-19-103 (Recording of bonds of county officers); T.C.A. § 18-19-115(Time of filing).

Commissioner and Receiver Bond:

Courts may also require their clerks to give bond in such sum as the court may deem sufficient to cover property or funds that may at anytime come to the hands of such clerks as special commissioners or receivers. T.C.A. §18-2-202.

Special Bonds:

The court may also require special bonds to meet particular exigencies, and in a suitable penalty, whenever, in its judgment, the interest of suitors render it necessary. T.C.A. § 18-2-204.

Compensation:

As discussed earlier in this chapter, clerks of court must receive an annual minimum salary in the amount for a general officer as formulated in T.C.A. § 8-24-102. The county legislative body may increase the salary of the general officers above the minimum amount, but may not increase the salary of a court clerk without also increasing the salary of other general officers unless the clerk of court serves more than one court in the county. If the clerk of court serves more than one court in the county, the county legislative body may set additional compensation for such clerk in the amount of 10 percent of the base salary of the clerk of court. The amount due the court clerk as compensation does not vary with the amount of fees or commissions collected regardless of whether the salary of the court clerk is paid from the clerk’s fee account or from the general fund.

Deputies and Assistants:

The court clerk may receive authority to employ deputies and assistants through a letter of agreement or court order as explained earlier in this chapter. If the court clerk decides to petition for additional deputies or assistants or additional salary amounts, the petition is filed in the court that the clerk serves, and the county mayor defends the salary suit. T.C.A. § 8-20-101.

Duties:

Clerks serve an important role in the operation of the Tennessee court system, a role that is outlined generally in Title 18 of the Tennessee Code Annotated. Some of the clerks' duties include the following: (1) attending each court session with all the papers for the cases on the docket; (2) administering oaths to parties and witnesses who testify; (3) keeping minutes of the court in a well-bound book or in an electronic format so long as certain rules relating to the safekeeping of the records are followed;(4) maintaining the rule docket and an execution docket in which all court judgments or decrees are entered in order of rendition and all receipts and disbursements in a case are entered; (5) maintaining indexes for all books and dockets that are kept by the office; and (6) investing funds pursuant to T.C.A. § 18-5-106. T.C.A. §§ 18-5-102, 18-1-105. The clerk must reside in the county where the court is held and maintain an office in the county seat. T.C.A. § 18-1-102.

General sessions clerks have duties similar to other court clerks: (1) retaining, preserving, and filing in order all papers in civil cases; (2) transmitting papers when an appeal has been taken to circuit court; and (3) keeping in a well-bound book a docket of all judgments and executions, or storing such information in an electronic format in accordance with rules for the safekeeping of these records. T.C.A. § 16-15-303.

Because court clerks deal with voluminous paperwork, the storage and retention of documents are important aspects of these offices, and it is extremely important that there cords of the clerk’s office be well organized and accurate.

Clerks collect state and county litigation taxes, criminal injuries compensation tax in courts with criminal jurisdiction, county expense fees, and depending upon the particular court, funds for the impaired driver’s trust fund, Tennessee Bureau of Investigation fees, misdemeanant jail per diems, fines, sheriff’s fees, clerk’s fees, witness fees and other items of court costs. Clerks prepare bills of costs in cases, account for these monies and make collection efforts when these amounts are unpaid. Clerks may elect to use certain “flat fees” instead of itemizing the fees according to the clerk’s fee statute, T.C.A.§ 8-21-401. Clerks maintain a cash journal (general ledger) to account for and summarize the cash transactions of the office and issue receipts for all collections.

Clerks invest idle funds according to T.C.A. § 18-5-106, and often serve in a fiduciary capacity to invest funds held for third parties. Additionally, clerks and masters conduct delinquent tax sales, and clerks more generally may conduct sales of property ordered by the court. Clerks, depending upon the particular court, may collect support, including alimony and child support, pursuant to court order and the general law although the responsibility for collecting support in many cases has been transferred to a central state collecting agency.

It is the official duty of each clerk of court to attend meetings of the state court clerks’ conference unless the clerk is otherwise officially engaged or is unable to attend for good and sufficient reasons. T.C.A. § 18-1-501 et seq.

Relationship to County Legislative Body and Other Officials:

The court clerk must interact with the county mayor and/or a finance/budget director as well as the county legislative body regarding the clerk’s budget and budget amendments. The exact procedures vary from county to county depending upon whether the county operates under a charter or optional general law regarding budgeting, or has a private act dealing with this subject. However, all court clerks must submit budget requests in a timely manner in the first half of each calendar year for inclusion in the county’s annual budget. Most counties have budget committees that may recommend appropriations for the clerk’s budget that differ from those submitted by the court clerk. The county legislative body determines the amount of the clerk’s budget, subject to certain restrictions, such as following the requirements of any court order regarding a salary suit for deputies or assistants. In many counties, depending upon the applicable law, the county mayor has the authority to approve line item amendments to the clerk’s budget within major categories not affecting personnel, whereas major category amendments require the approval of the county legislative body. T.C.A. § 5-9-407.

Of course the clerks have a close working relationship with the judges or chancellors of the courts they serve. A good working relationship between judge and clerk is vital to the efficient operation of the courts. Court clerks also interact regularly with the office of sheriff and collect sheriff’s fees as part of the bill of costs. Process directed to the sheriff is returned by the sheriff or deputy to the court clerk. The sheriff executes on property in proper cases and returns funds to the clerk to allocate according to law. If a county has constables who serve process, the court clerk may also interact with these officials in the performance of their duties.

All clerks interact with the trustee in the regular remittance of fees and local litigation taxes. Clerks and masters interact with the trustee and the delinquent tax attorney regarding collections of delinquent property taxes and tax sales.

Vacancies:

Vacancies in offices of elected clerks are filled by the county legislative body as described in Chapter 8. T.C.A. § 5-1-104. If there is a vacancy in the office of clerk and master, a new clerk is appointed by the chancellor for another six-year term, beginning with the date of the appointment. T.C.A. § 18-5-501. In case of death of any clerk, the deputy holds office until the vacancy is filled. T.C.A. § 18-1-401.

Removal by Judge:

Clerks of court may be removed from office for misconduct by summary proceedings by the judge of the court they serve, under the provisions of T.C.A. § 18-1-301 et seq.

[See the section covering general information on COUNTY CONSTITUTIONAL OFFICES]

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County Court Clerk

County Clerk

The county clerk, formerly the county court clerk, was a statutory official for many decades prior to becoming a constitutional office in the 1978 amendments to the Tennessee Constitution. The county clerk is elected to a four-year term in the August general election in the same even-numbered year that the governor is elected. T.C.A. §18-6-101.

Qualifications:

The office of county clerk does not carry any qualifications beyond the general qualifications noted earlier in this chapter for county officers.  (General qualifications are listed in the next paragraph)

General qualifications of officeholders:

are located in the Tennessee Code Annotated, which provides that all persons 18 years old and over, who are citizens of the United States and of Tennessee, and who meet certain residency requirements are qualified to hold office unless the person:

1. Has been convicted of offering or giving a bribe, of larceny, or, of any other offense declared infamous by law, unless the person has been restored to citizenship as prescribed by law;

2. Has not paid a judgment for money received in an official capacity, which is due to the United States, Tennessee, or any county;

3. Has defaulted to the treasury at the time of election (in which case the election is void);

4. Is a soldier, seaman, marine, or airman in the regular United States Army, Navy or Air Force; or

5. Is a member of Congress or holds any office of profit or trust under any foreign power, other state of the Union, or the United States.

T.C.A. § 8-18-101.

Additional statutory qualifications are required for certain county offices, such as sheriff, and are discussed in the individual county office section. The offices and duties noted in this chapter may vary in counties with a metropolitan government charter or a county government charter.

Oath of Office and Bond:

Before entering into office, the county clerk must take and subscribe to the constitutional oath and the oath of office known as the fidelity oath. An example of this oath for the county clerk is included in the appendix to this handbook. The deputy’s oath of office is the same as that of the county clerk; it must be certified, filed, and endorsed in the same manner. T.C.A. § 8-18-112. Also, prior to entering into the duties of the office, the county clerk must post either a $50,000 official bond in counties with a population of 15,000 or more, or a $25,000 bond in counties with a population of less than 15,000. T.C.A. § 18-2-201.

Compensation:

As discussed earlier in this chapter, county clerks must receive an annual minimum salary in the amount for a general officer as formulated in T.C.A. § 8-24-102. The county legislative body may increase the salary of general officers above the minimum amount, but may not increase the salary of the county clerk without also increasing the salary of other general officers. The amount due the county clerk as compensation does not vary with the amount of fees collected regardless of whether the salary of the county clerk is paid from the clerk’s fee account or from the general fund.

Deputies and Assistants:

The county clerk may receive authority to employ deputies and assistants through a letter of agreement or court order as explained earlier in this chapter. If the county clerk decides to petition for additional deputies or assistants or additional salary amounts, the petition is filed in the chancery court and the county mayor defends the salary suit. T.C.A. § 8-20-101.

Duties:

The general duties of the county clerk are set out in T.C.A. § 18-6-101 et seq. Other duties are found in various other sections of the Tennessee Code. The county clerk performs a wide variety of functions, which generally include: (1) keeping the official records of the county legislative body; (2) collecting certain local and state taxes (such as local wheel taxes, local hotel/motel taxes, beer taxes, business taxes, and vehicle registration fees); (3) issuing motor vehicle titles and registrations; (4) issuing marriage licenses; (5) issuing business licenses; (6) processing applications for beer permits; (7) processing applications for notaries public; (8) issuing pawnbroker licenses; and (9) issuing hunting and fishing licenses. The county clerk receives fees for the services rendered by the office. Fees for the various duties performed by the county clerk are found in T.C.A. §§ 8-21-701 and 8-21-401, as well as in statutes relating to the particular subject matter, such as Title 55 for motor vehicle titling and registration. Fee officers, including county clerks, are required to collect all fees to which they are entitled. T.C.A. § 8-22-102.

In some counties, the county clerk also serves as clerk of court for such courts as juvenile or probate. This is a legacy of the time when the former county court clerk was clerk for the county judge or chairman, who exercised judicial powers in this area prior to the creation of the office of county executive in the 1978 amendments to the Tennessee Constitution. Under legislation passed in 2003, clerking duties for probate and juvenile courts are required to be transferred from the county clerk to the clerk of another court by July 1, 2006, unless the county was exempted in the legislation or unless otherwise provided by law. T.C.A. §§ 18-6-106, 37-1-210.

Whenever the county clerk is disqualified because of interest or relationship from performing an official act required by law, the county mayor or appropriate judge must perform the act. T.C.A. § 18-6-112.

The duties of the county clerk are dealt with in greater detail in Legal Issues for County Clerks, a CTAS publication for the County Officials Certificate Training Program (COCTP). This publication may be found on the CTAS Web site at www.ctas.utk.edu.

Relationship to County Legislative Body and Other Officials:

The county clerk has a close relationship with the county legislative body as the county clerk serves as the clerk to this body, performing duties such as calling the roll, recording votes, and taking minutes. The county legislative body as a whole, or a committee selected by the county legislative body, serves as the county beer board, and the county clerk often assists the beer board in taking applications for permits to sell beer, recording the actions of the beer board and issuing permits. Similarly, the county clerk handles applications for notaries public and presents the applications to the county legislative body for approval. And of course, the county clerk’s budget is approved by the county legislative body. Further, the county legislative body determines whether or not the county clerk’s office operates under the “fee” system, whereby the county clerk pays the salaries of the clerk and deputies and office expenses out of the fee account, or whether all fees are paid over to the general fund monthly, with all salaries and expenses being budgeted. T.C.A. § 8-22-104.

The county clerk interacts with the county mayor and/or a finance/budget director as well as the county legislative body regarding the county clerk’s budget and budget amendments. The exact procedures vary from county to county depending upon whether the county operates under a charter or optional general law regarding budgeting, or has a private act dealing with this subject. However, all county clerks must submit budget requests in a timely manner in the first half of each calendar year for inclusion in the county’s annual budget. Most counties have budget committees that may recommend appropriations for the clerk’s budget that differ from those submitted by the clerk. The county legislative body determines the amount of the clerk’s budget, subject to certain restrictions, such as following the requirements of any court order regarding a salary suit for deputies or assistants. In many counties, depending upon the applicable law, the county mayor has the authority to approve line item amendments to the clerk’s budget within major categories unrelated to personnel costs, whereas major category amendments require approval of the county legislative body. T.C.A. § 5-9-407.

The county clerk also interacts with the county mayor in either entering into letters of agreement regarding the number and salaries of deputies and assistants or litigating with the county mayor as a defendant in a salary suit.

The county clerk deals with the trustee regarding the remittance of fees (monthly or quarterly) to the general fund and the remittance of taxes collected by the county clerk, usually monthly.

The county clerk, as an ex officio member of the county public records commission, interacts with other records commission members, such as the register, and with the Tennessee State Library and Archives.

The county clerk interacts regularly with the motor vehicle division of the state Department of Safety in taking applications for motor vehicle titles and registering motor vehicles. In issuing marriage licenses, the county clerk interacts with the office of vital records of the state Department of Health. In counties where the county clerk issues hunting and fishing licenses, the county clerk works with the Tennessee Wildlife Resources Agency.

In those counties where the county clerk serves as a clerk of court for such courts as probate or juvenile, the clerk works closely with the judges of those particular courts.

Vacancies:

Vacancies in the county clerk's office are filled by the county legislative body in the manner discussed in the Chapter 9 of this handbook. T.C.A. §§ 5-1-104, 18-6-101. If the office becomes vacant due to death, resignation, or removal, the county clerk's duties are temporarily discharged by the chief deputy, or by the deputy designated as the temporary successor by the county clerk in writing, until a successor county clerk is elected or appointed and qualified according to law. T.C.A. § 18-6-115.

[See the section covering general information on COUNTY CONSTITUTIONAL OFFICES]

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COUNTY MAYOR

County Mayor Qualifications and Title:

The office of county executive was created by the 1978amendment to Article 7, Section 1, of the Tennessee Constitution, when county executive was added to the list of county officials named in the Tennessee Constitution. The list also includes the sheriff, trustee, register, county clerk, assessor of property and members of the county legislative body. In the implementing legislation, 1978 Public Chapter 934, the General Assembly chose to designate members of the county legislative body as county commissioners, but left the county executive with the title given in the constitution with the option of establishing a different title by private act. In2003 Public Chapter 90, this law was changed to provide that the chief executive officer of each county, excepting counties with a consolidated (metropolitan) form of government, would hereafter be entitled “county mayor.” This law was amended in 2004by Public Chapter 568 to provide that the title may be changed to “county executive” by private act for the particular county. T.C.A. § 5-6-101. The chief executive officers of metropolitan governments continue to use the title provided for them by their metropolitan government charter.

The county mayor is elected by the people of the county for a term of four years in all counties except those that provide otherwise in a consolidated government charter. T.C.A. § 5-6-102.   In order to run for the office a person must be a qualified voter of the county, at least 25 years old, and a resident of the county for at least one full year prior to filing a nominating petition for the office. T.C.A. § 5-6-104. After election, the county mayor must take an oath of office and execute a bond in the amount of $25,000 (in counties with a population of less than 15,000) or $50,000 (in counties with a population of 15,000 or more), although the legislative body may require a greater amount. T.C.A. § 5-6-109. A sample oath of office is found in the appendix to this handbook.

 Compensation: 

The position is full time, except in counties where the voters have determined by referendum that the workload does not necessitate a full-time mayor. If the county mayor’s office is determined by referendum not to be a full-time position, this must be done prior to the election of the county mayor or the county mayor will been titled to the minimum salary. T.C.A. §§ 5-6-105, 8-24-102(g). A minimum salary, determined by population class, is set by the General Assembly (T.C.A. § 8-24-102),although the legislative body may increase that amount. T.C.A. § 8-24-114. However, the compensation for the full-time county mayor must be at least 5 percent greater than the maximum salary payable to any other constitutional officer. T.C.A. § 8-24-102(g). As the sheriff is the next most highly compensated constitutional officer, the full-time county mayor's compensation must be at least 5 percent greater than the sheriff’s salary.

 Relationship to County Legislative Body: 

The county mayor serves as a nonvoting, exofficio member of the legislative body. The county mayor or the county mayor's representative also serves as a nonvoting, ex officio member of each committee of the legislative body, except as provided by law or by the legislative body. T.C.A. § 5-6-106. 

The county mayor may be elected chairperson of the legislative body. A county mayor who serves as chair of the legislative body may cast a vote in the event of a tie. T.C.A. §5-5-109. However, if the county mayor becomes chair, the mayor's veto power is forfeited. T.C.A. § 5-5-103. If not chair of the county legislative body, the county mayor has veto power over legislative resolutions (not administrative or appellate resolutions) adopted by the legislative body. When a resolution is adopted by the legislative body, it should be submitted to the county mayor. Each resolution must be signed, vetoed, or allowed to become effective without the county mayor's signature.  If a resolution is signed by the county mayor, it becomes effective immediately or at a later date specified in the resolution.  If the county mayor vetoes the resolution, he or she must return the resolution to the legislative body for action on the veto, and the resolution becomes effective only upon subsequent passage by a majority of all legislative body members. Such passage must take place within 20 days of receiving the county mayor's veto or at the legislative body's next regular meeting, whichever is later. If the county mayor does not sign or veto a resolution or report the mayor's action to the legislative body within 10 days after the resolution is submitted to him or her, the resolution becomes effective without the mayor's signature after 10 days or at a later date if the resolution so provides.  T.C.A. § 5-6-107. The county mayor who does not chair the county legislative body may veto the entire county budget but may not veto portions of it. T.C.A. § 5-6-107. 

Fiscal Duties: 

The county mayor is the chief financial officer of the county and except in counties that have adopted the 1981 Financial Management System or that have a county charter that provides otherwise, the county mayor signs or co-signs county warrants, at least for general fund expenditures. The county mayor may examine the accounts of the county officers to verify each item of expenditure or revenue.  T.C.A. §§5-6-110, 5-6-112. The county mayor audits all claims for money against the county.  In counties not providing otherwise, the county mayor serves as the chief accounting officer for the county and maintains the general fund accounts. T.C.A. § 5-6-108.Although the exact role varies depending upon the particular county’s adoption of optional general laws, county charters or private acts, the county mayor generally has a strong role in the budgetary process and often presents the consolidated budget for each fiscal year to the county budget committee or county legislative body. A more detailed description of these fiscal duties is provided in Chapter 12 of this handbook. 

Other Duties: 

The county mayor or a designated representative of the county mayor serves as a nonvoting, ex officio member of each committee of the county legislative body and of each board, commission, or authority of the county government. T.C.A. §5-6-106. Except as provided by general law or private act, the county mayor appoints members of county boards, commissions, and department heads, subject to confirmation by the county legislative body. T.C.A. § 5-6-106. In actual practice, this exception to the county mayor’s appointment power is a large one since general laws or private acts provide for the selection of most department heads and membership of most boards. 

The county mayor has the care and custody of all county property, unless it is placed with another officer. T.C.A. § 5-6-108. However, the custody and security for the courthouse is placed with the sheriff if the county legislative body does not provide otherwise. T.C.A. § 7-108. The county mayor is under a duty to obtain a flag of the state of Tennessee from the adjutant general’s office and to fly it upon proper occasions. T.C.A. § 5-7-109. If there is no county attorney, the mayor may employ or retain counsel. T.C.A. § 5-6-112. The mayor may employ clerical assistants needed in the performance of his or her duties and set their compensation within the amount appropriated for that purpose by the county legislative body.  T.C.A. § 5-6-116. 

The county mayor may enter into letters of agreement with county “fee” officials regarding the number and salary of deputies and assistants if within the budget adopted by the county legislative body or if the fee official is paying the salaries of deputies and assistants from the office fee accounts. If no agreement is reached, the county mayor is a defendant in salary suits that may be brought by these officials. T.C.A. § 8-20-101 et seq. 

The county mayor has an important role in creating, modifying and merging utility districts as well as the service provided (water, sewer, gas) under the Utility District Law of 1937, as amended. T.C.A. § 7-82-101, et seq. The county mayor is authorized to hold hearings on such issues after receiving a petition from at least 25 property owners and the advice of the state’s utility management review board. The county mayor is authorized to issue orders concerning these utility districts if in accordance with the rather complicated set of statutes governing utility districts. T.C.A. § 7-82-202. 

The county mayor appoints members of the emergency communications district’s board of directors subject to confirmation by the county legislative body. If the county legislative body does not act to confirm or reject the appointment within 90 days or the conclusion of its next regularly scheduled meeting after the appointment is made, whichever is later, the appointments take effect without confirmation. T.C.A. § 7-86-105. 

The county mayor performs other duties and shares administrative tasks with the other constitutional and statutory county officials.  The powers and duties of each county official are specifically established through statute and covered in more detail in Chapter3 and other chapters of this publication. The county mayor has other duties and interacts with other county officials in almost every area of local administration.  The mayor's role in tax collection, county penal administration, investment of county funds, county health, and care for the poor, among other topics, will be discussed in other chapters of this handbook. 

The county mayor is a member of the board of directors of the development district and human resources agency of which his or her county is a part. T.C.A. §§ 13-14-104, 13-26-103.  In this and other ways, the county mayor is often viewed as a “representative” of the county or as the county’s leader in dealings with other governmental entities. 

Vacancies and Incapacities: 

Vacancies in the office of county mayor are filled by the legislative body, and the appointee serves until a successor is elected at the next general election.  T.C.A. § 5-1-104. Furthermore, a vacancy in the office of county mayor is filled temporarily by the chairperson of the county legislative body (or the chairperson pro tempore in circumstances where the county mayor had been the chairperson) as interim county mayor during the time between the beginning of the vacancy and the appointment of a successor. T.C.A. § 5-5-103(i). If a county mayor is incapacitated or absent from the job for more than 21 days, the legislative body must appoint the chairperson of the legislative body to serve as acting county mayor until the disability or absence is removed. T.C.A. § 5-5-103(g).

For the office of County Mayor see the County Commission page for the full text of chapter 2 entitled COUNTY LEGISLATIVE BODY AND COUNTY MAYOR.

[See the section covering general information on COUNTY CONSTITUTIONAL OFFICES]

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CHAPTER 3

COUNTY CONSTITUTIONAL OFFICES

In General The Tennessee Constitution expressly provides for certain county offices, while others are created by the state legislature. In addition to the office of county executive and the county legislative body discussed in the previous chapter, Article VII, Section 1, of the Tennessee Constitution provides that each county have a sheriff, trustee, register, county clerk, and assessor of property elected by the voters of the county for terms off our years. The Judicial Article of the Tennessee Constitution, Article VI, also provides in Section 13 that any inferior court clerk shall be elected by the people on a district or county basis to a four-year term, and that the chancellors shall appoint a clerk and master for each district or county for a term of six years. Both the circuit court clerk and the clerk and master are currently elected or appointed one per county, but some counties have private acts or charters that establish other inferior court clerks such as generals sessions court clerk and juvenile court clerk. All of these constitutional or quasi-constitutional offices except the assessor of property collect fees and are commonly referred to as “fee” offices. The legislature determines the qualifications and duties of each office. TENN. CONST., art. VII, § 1. The duties of these officers in a county with a consolidated city-county government are specified in the charter.

Qualifications:

General qualifications of officeholders are located in the Tennessee Code Annotated, which provides that all persons 18 years old and over, who are citizens of the United States and of Tennessee, and who meet certain residency requirements are qualified to hold office unless the person:

1. Has been convicted of offering or giving a bribe, of larceny, or, of any other offense declared infamous by law, unless the person has been restored to citizenship as prescribed by law;

2. Has not paid a judgment for money received in an official capacity, which is due to the United States, Tennessee, or any county;

3. Has defaulted to the treasury at the time of election (in which case the election is void);

4. Is a soldier, seaman, marine, or airman in the regular United States Army, Navy or Air Force; or

5. Is a member of Congress or holds any office of profit or trust under any foreign power, other state of the Union, or the United States.

T.C.A. § 8-18-101.

Additional statutory qualifications are required for certain county offices, such as sheriff, and are discussed in the individual county office section. The offices and duties noted in this chapter may vary in counties with a metropolitan government charter or a county government charter.
Oaths:

Before taking office, the Tennessee Constitution, Article X, Section 1, provides that every person chosen to any office of trust must take an oath to “support the Constitution of this state and of the United States, and an oath of office.” Examples of these oaths for each particular office are provided in the appendix to this handbook. Oaths of office for county officials may be administered by the county mayor, the county clerk, or a judge of any court of record in the county. Also, the judge of the general sessions court may administer oaths of office to all elected and appointed officials. The oath of office for any county official required to file an oath may be administered at anytime after the certification of the election returns in the case of elected officials, or after appointment in the case of appointed officials. However, even if the official files an oath before the scheduled start of a term of office, the official may not take office until the term officially begins. T.C.A. § 8-18-109. The oath must be written and subscribed by the person taking it. Accompanying the oath must be a certificate executed by the officer administering the oath specifying the day and the year it was taken. T.C.A. §8-18-107. The oath and the certificate are filed in the office of the county clerk, who endorses on them the day and year of filing, and signs the endorsement. T.C.A. §§8-18-109, 8-18-110.

Bonds:

An official bond is an instrument that requires the party or parties designated as sureties to pay a specified sum of money if the official who executes the bond fails to perform certain acts or performs wrongful and injurious acts in the office. In other words, an official bond is a written promise, made by a public official (1) to perform all the duties of the office, (2) to pay over to authorized persons all funds received in an official capacity, (3) to keep all records required by law, (4) to turn over to his or her successor all records, money, and property, and (5) to refrain from anything that is illegal, improper, or harmful while acting in an official capacity. If the official fails to perform the duties, violates the law, or commits a harmful act, the person who is injured may collect damages from the sureties on the official bond. The sureties must be surety companies doing business in Tennessee unless the county commission by two-thirds majority vote authorizes two individuals to act as good sureties instead of a surety company. T.C.A.§§ 8-19-111, 8-19-101, 8-19-301.

The following county constitutional officials must execute a surety bond: county clerk, sheriff, register, property assessor, and trustee. Bond amounts for each official are included in the following material and are summarized in a chart in the appendix to this handbook.

The form of official bonds is prescribed by the comptroller of the treasury, with the approval of the attorney general. T.C.A. § 8-19-101. Blank copies of official bonds, ready for use, are available from the comptroller, Division of Local Finance.

Official bonds of the sheriff, county trustee, county clerk, assessor of property and register of deeds and any other official vested by law the authority to administer state shared funds must be approved by the county legislative body, recorded in the office of the register of deeds and transmitted to the comptroller of the treasury for safe keeping. T.C.A. §§ 8-19-102, 8-19-103, 54-4-103. Official bonds of clerks of court must be approved and certified by the court, entered into the minutes of the court, recorded in the office of register of deeds and transmitted to the comptroller of the treasury for safekeeping. T.C.A. § 8-2-205. The official bonds of other county officials, constables, and county employees required to have bonds shall be approved by the county legislative body, recorded in the office of the register of deeds and transmitted to the office of the county clerk for safekeeping. T.C.A. §§ 8-19-102, 8-19-103, 8-10-106.

The register of deeds of each county must maintain a special record book in which each official bond is recorded unless the register is authorized to use a system of continuous recordings of all instruments. T.C.A. §§ 8-19-104, 8-13-108(d). The register of deeds must endorse on the bond the day and year on which it was recorded and sign the endorsement. Similarly, the county clerk, with respect to bonds filed for safekeeping in the office of county clerk, must endorse the filing date and sign the endorsement. Failure of the register or county clerk to endorse and sign the bond is a misdemeanor. T.C.A. § 8-19-116.

Official bonds of officers, which must be transmitted to the comptroller of the treasury, must be so transmitted for filing within 40 days of election or 20 days after the term of office begins. T.C.A. § 8-19-115.

Any officer who is required by law to give bond and who fails to file it in the proper office within the time prescribed vacates the office. In such cases, the officer in whose office the bond is required to be filed must certify this failure to the appointing power. T.C.A. §8-19-117. Upon the filing of a complaint alleging the failure of a county officer or constable to enter into an official bond as required by law, the circuit court clerk or the clerk and master having jurisdiction issues a summons that is served, together with a copy of the complaint, upon the county officer or constable in accordance with the Tennessee Rules of Civil Procedure. T.C.A. § 8-19-205. If the official fails or refuses to execute the required bond after receiving a copy of the complaint and a hearing, the court will enter a judgment declaring the office vacant, and the vacancy will be filled according to law. T.C.A. § 8-19-206. In addition, any officer required by law to give bond who performs any official act before the bond is approved and filed as required is guilty of a misdemeanor. T.C.A. § 8-19-119.

County officials must enter into a new bond at the beginning of each term. If the original of any bond is lost or destroyed, the record of the bond will be considered the original and suit may be instituted on the recorded bond. T.C.A. § 8-19-105. The county pays the premiums for official bonds and registration fees of county officials and employees. T.C.A. § 8-19-106. The constable pays all of the costs of obtaining and recording the official bond for his or her office. T.C.A. § 8-10-106.

Compensation:

There are specific statutes regarding compensation for each office, which will be discussed later in this chapter. In general, though, statutes prescribe salaries according to county population classes for many officials. The General Assembly has reconfigured the county classification scheme, setting out 17 population classes for the purpose of determining the compensation of county officers. T.C.A. § 8-24-102. This statute provides base minimum salary schedules for three categories of county officers: (1) “general officers,” which include assessors of property, county clerks, clerks of court, trustees, and registers of deeds; (2) sheriffs and chief administrative officers of highway departments; and (3) county mayors. These specified minimum salaries cannot be raised or lowered except through subsequent legislation, but since they are minimum salaries, the actual salary may be increased by resolution of the county legislative body, but the class of general officers must all receive the same amount of any increase. The minimum salaries are adjusted annually on July 1 by a dollar amount equal to the average annualized increase in state employees’ compensation during the prior fiscal year multiplied by the compensation established for the county officials of the county with the median population of all counties. However, the adjustment cannot exceed 5 percent in any year. The average annualized general increase in state employees’ compensation for purposes of calculating the adjustment in salary for county officials means the average increase in base salary plus the equivalent percentage increase represented by appropriated funds made available to address classification compensation issues, plus the equivalent percentage increase represented by recurring appropriation amounts provided to improve the level of retirement benefits, longevity benefits, deferred compensation benefits and other similar benefits not including health insurance benefits. These adjustments are calculated and certified by May 1 of each year by the commissioner of finance and administration. T.C.A. § 8-24-102.

Full-time county officials, not including general sessions judges, who complete the County Officials Certificate Training Program (COCTP) administered by the University of Tennessee’s County Technical Assistance Service (CTAS) and become a “Certified Public Administrator” may receive an annual incentive payment up to a maximum of$1,500 from state-appropriated funds. To continue receiving these payments, certified county officials must take additional training annually. If an official receives incentive pay from the state through other professional development programs, such amounts will be offset so that no official receives more than $1,500 of incentive pay from the state per year. These amounts are subject to annual appropriations from the General Assembly and have not reached the maximum allowed by law. County legislative bodies may appropriate additional amounts as incentive payments to county officials and employees who have become Certified Public Administrators in an amount not exceeding $3,000 minus payments made by the state. Educational incentive pay received by an official does not affect the calculation of compensation for officials provided in other statutes. T.C.A. § 5-1-310.

Fee System or Salary System:

The sheriff, trustee, county clerk, register of deeds and court clerks receive fees from the public for services they perform; for this reason these officials are sometimes referred to as “fee officials.” There are two methods of accounting for the fees received by these officers. The first and oldest is the “fee system.” Under this system each official remits to the trustee quarterly all of the fees and charges collected by the official in excess of expenses for the following items: salaries of the official's deputies and assistants, necessary expenses of the office, and the official's salary as established by statute. T.C.A. § 8-22-104. The official is also authorized to maintain a reserve in an amount equal to three times the salaries of the official, deputies, and assistants. If the fees are insufficient to pay the regular expenses of the office, including the statutory salary of the official and the salaries of deputies and assistants, the deficit is to be paid out of county general funds. T.C.A. §8-24-107. Excess fees are placed in the county general fund as a source of county revenue.

The county commission is authorized to adopt an alternative system for fee officials, often called the “budget” or “salary” system, although the sheriff is always under this alternative system. T.C.A. § 8-24-103. This budget system can be adopted for some or all of the officials. T.C.A. § 8-22-104. Under this method, the official pays over to the trustee all of the fees, commissions, and charges collected by the office on a monthly basis. The county commission must, in return, budget for expenses, authorizing the trustee to pay the official's salary, salaries of deputies and assistants, and authorized expenses of the office. These salaries and other proper costs of the office are included in the budget and must be paid even if the fees are insufficient to cover them.

Deputies and Assistants:

Generally, county “fee officials” (those county officials who regularly collect fees for their services) must have authority other than the county budget resolution before they can hire employees. This authority may come directly from statute, by court order, or through a contract called a letter of agreement. T.C.A. §8-20-101. If the county official’s own salary and that of deputies and assistants is paid directly from the county general fund and the county fee official agrees with the amount appropriated for deputies and assistants as set forth in the budget adopted by the county legislative body, the official enters into a letter of agreement with the county mayor, using a form prepared by the state comptroller, that is then filed with the court. T.C.A. § 8-20-101. If the county official does not agree with the amount appropriated, a salary suit may be filed by petition of the county official. The county mayor is named as defendant and the county mayor is required to file an answer within five days after service of the petition. The petition must be filed by the fee official within 30 days after the final adoption of a budget by the county legislative body. Also, a new office holder has 30 days from the day of taking office to file a petition. The court will then hold a hearing and issue an order determining the appropriate number and compensation of deputies and assistants. T.C.A. § 8-20-102.

If the fee official is under the fee system and pays the deputies and assistants directly from the official’s bank account, the official can negotiate a letter of agreement with the county for the number and compensation of deputies and assistants. If the fee official cannot reach an agreement with the county mayor, the fee official must file suit to obtain authority to hire deputies and assistants.

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