12-2-208 - Purchase by officer unlawful Penalty for violation.

12-2-208. Purchase by officer unlawful Penalty for violation.

(a)  (1)  Except as provided in subsection (b), it is hereby declared unlawful for any state, city or county officer, employee or such officer's or employee's agent to buy or offer to buy any of the property to be sold hereunder except by bid at public auction during the tenure of such person's office or employment, or for six (6) months thereafter.

     (2)  Any such person violating or attempting to violate the provisions of this subsection or subsection (b) shall be dismissed and discharged from such person's respective job or position, and shall forfeit any pay or compensation which might be due such person. In addition thereto, any such sale is hereby expressly declared null and void, and such person shall, in addition, forfeit all right and title in the property.

     (3)  A violation of this section is a Class C misdemeanor.

(b)  Notwithstanding the provisions of subdivision (a)(1), it is declared unlawful for any state, city or county officer, employee or such officer's or employee's agent directly or indirectly involved in the confiscation of such property to buy or offer to buy any of the property to be sold hereunder. It is further declared unlawful for officers and employees designated by the department of general services, in accordance with applicable regulations of the board, to buy or offer to buy any of the property to be sold hereunder.

[Acts 1959, ch. 303, § 3; T.C.A., § 12-226; Acts 1989, ch. 591, § 113; 1998, ch. 1043, § 1.]