5-5-102 - Membership.
5-5-102. Membership.
(a) (1) The county legislative body shall be composed of not less than nine (9) nor more than twenty-five (25) members.
(2) There shall be at least nine (9) districts in the county legislative body in any county designated as a Class 2 county before January 1, 1999, as established by § 8-24-101.
(b) Members shall reside within and be qualified voters of the districts that they represent.
(c) (1) Notwithstanding any provision of the law to the contrary, any county employee, otherwise qualified to serve as a member of the county legislative body, shall not be disqualified from such legislative office by reason of being a county employee.
(2) No person elected or appointed to fill the office of county mayor, sheriff, trustee, register, county clerk, assessor of property, or any other county-wide office filled by vote of the people or the county legislative body, shall also be nominated for or elected to membership in the county legislative body. After June 18, 2005, a director of schools shall not be qualified to serve as a member of the county legislative body.
(3) [Deleted by 2008 amendment.]
(4) (A) Any member of a local governing body of a county or a municipality who is also an employee of such county or municipality may vote on matters in which such member has a conflict of interest if the member informs the governing body immediately prior to the vote as follows:
Because I am an employee of (name of governmental unit), I have a conflict of interest in the proposal about to be voted. However, I declare that my argument and my vote answer only to my conscience and to my obligation to my constituents and the citizens this body represents.
(B) In the event a member of a local governing body of a county or a municipality has a conflict of interest in a matter to be voted upon by the body, such member may abstain for cause by announcing such to the presiding officer. Any member of a local governing body of a county or municipality who abstains from voting for cause on any issue coming to a vote before the body shall not be counted for the purpose of determining a majority vote.
(C) The vote of any person having a conflict of interest who does not inform the governing body of such conflict as provided in subdivision (c)(4)(A) shall be void if challenged in a timely manner. As used in this section, timely manner means during the same meeting at which the vote was cast and prior to the transaction of any further business by the body.
(D) Nothing in this subdivision (c)(4) shall be construed as altering, amending or otherwise affecting the provisions of § 12-4-101(a). In the event of any conflict between this subdivision (c)(4) and § 12-4-101(a), the provisions of § 12-4-101(a) shall prevail.
(d) No more than three (3) members shall be elected from any one (1) district.
(e) (1) Members shall serve terms of four (4) years or until their successors are elected and qualified.
(2) Members of the county legislative body shall be elected in the regular August election in 1978 and every four (4) years thereafter.
(f) The members of the county legislative body shall be known individually as county commissioners and collectively as the board of county commissioners.
(g) The term of office for members of the county legislative body shall begin on September 1 next succeeding their election.
(h) (1) The county legislative body shall have discretionary authority to determine whether each office in multi-member districts will be separately designated on the ballot, with candidates required to run and to be elected on the basis of such separately designated offices within the district.
(2) No candidate shall qualify for more than one (1) such separately designated office within a multi-member district.
(3) In any county designated as a Class 2 county before January 1, 1999, as established by § 8-24-101, each office in multi-member districts shall be separately designated on the ballot, and candidates shall run and be elected on the basis of such separately designated offices within the district.
(i) If a vacancy shall occur in the office of a member of the county legislative body, the vacancy shall be filled as provided for in § 5-1-104(b).
[Acts 1978, ch. 934, §§ 8, 10; 1979, ch. 175, § 1; T.C.A., § 5-502; Acts 1980, ch. 658, § 1; 1980, ch. 785, § 1; 1981, ch. 143, § 1; 1981, ch. 219, § 1; 1981, ch. 293, § 1; 1981, ch. 318, § 2; 1986, ch. 765, §§ 1-3; 2001, ch. 86, §§ 1, 2; 2003, ch. 90, § 2; 2005, ch. 471, § 1; 2008, ch. 871, § 2.]