Greene County Charter
the citizens of Greene County, in order that we might assume greater control of
the size, scope, function, and cost of county government, and in order that we
might increase the transparent and efficient operation of all county government
functions and further secure and protect the rights of its citizens, do hereby
adopt this document as the Charter of Government in Greene County, Tennessee.
People of Greene County are bound to the Constitution of Tennessee and the
Declaration of Rights which are contained therein as Article One of that
document. These rights are restated
here to emphasize their importance and to lay the foundation of this Charter.
a) That all power is
inherent in the people, and all free governments are founded on their authority,
and instituted for their peace, safety, and happiness; for the advancement of
those ends they have at all times, an unalienable and indefeasible right to
alter, reform, or abolish the government in such manner as they may think
b) That government being
instituted for the common benefit, the doctrine of nonresistance against
arbitrary power and oppression is absurd, slavish, and destructive of the good
and happiness of mankind.
c) That all men have a
natural and indefeasible right to worship Almighty God according to the dictates
of their own conscience; that no man can of right be compelled to attend, erect,
or support any place of worship, or to maintain any minister against his
consent; that no human authority can, in any case whatever, control or interfere
with the rights of conscience; and that no preference shall ever be given, by
law, to any religious establishment or mode of worship.
d) That no political or
religious test, other than an oath to support the Constitution of the United
States and of this state, shall ever be required as a qualification to any
office or public trust under this state.
e) The elections shall be
free and equal, and the right of suffrage, as hereinafter declared, shall never
be denied to any person entitled thereto, except upon a conviction by a jury of
some infamous crime, previously ascertained and declared by law, and judgment
thereon by court of competent jurisdiction.
f) That the right of
trial by jury shall remain inviolate, and no religious or political test shall
ever be required as a qualification for jurors.
g) That the people shall
be secure in their persons, houses, papers and possessions, from unreasonable
searches and seizures; and that general warrants, whereby an officer may be
commanded to search suspected places, without evidence of the fact committed, or
to seize any person or persons not named, whose offences are not particularly
described and supported by evidence, are dangerous to liberty and ought not be
h) That no man shall be
taken or imprisoned, or disseized of his freehold, liberties or privileges, or
outlawed, or exiled, or in any manner destroyed or deprived of his life, liberty
or property, but by the judgment of his peers, or the law of the land.
i) That in all criminal
prosecutions, the accused hath the right to be heard by himself and his counsel;
to demand the nature and cause of the accusation against him, and to have a copy
thereof, to meet the witnesses face to face, to have compulsory process for
obtaining witnesses in his favor, and in prosecutions by indictment or
presentment, a speedy public trial, by an impartial jury of the county in which
the crime shall have been committed, and shall not be compelled to give evidence
j) That no person shall, for the same offence, be twice put in
jeopardy of life or limb.
k) That laws made for the punishment of acts committed previous to
the existence of such laws, and by them only declared criminal, are contrary to
the principles of a free government; wherefore no ex post facto law shall be
l) That no conviction shall work corruption of blood or forfeiture of
estate. The estate of such persons
as shall destroy their own lives shall descend or vest as in case of natural
death. If any person be killed by
casualty, there shall be no forfeiture in consequence thereof.
m) That no person arrested and confined in jail shall be treated with
n) That no person shall be put to answer any criminal charge but by
presentment, indictment or impeachment.
o) That all prisoners shall be bailable by sufficient sureties,
unless for capital offences, when the proof is evident, or the presumption
great. And the privilege of the writ
of Habeas Corpus shall not be suspended, unless when in case of rebellion or
invasion, the General Assembly shall declare the public safety requires it.
p) That excessive bail shall not be required, nor excessive fines
imposed, nor cruel and unusual punishments inflicted.
q) That all courts shall be open; and every man, for an injury done
him in his lands, goods, person or reputation, shall have remedy by due course
of law, and right and justice administered without sale, denial, or delay.
Suits may be brought against the state in such manner and in such courts
as the Legislature may by law direct.
r) The Legislature shall pass no law authorizing imprisonment for
debt in civil cases.
s) That the printing press shall be free to every person to examine
the proceedings of the Legislature; or of any branch or officer of the
government, and no law shall ever be made to restrain the right thereof.
The free communication of thoughts and opinions, is one of the invaluable
rights of man and every citizen may freely speak, write, and print on any
subject, being responsible for the abuse of that liberty.
But in prosecutions for the publication of papers investigating the
official conduct of officers, or men in public capacity, the truth thereof may
be given in evidence; and in all indictments for libel, the jury shall have a
right to determine the law and the facts, under the direction of the court, as
in other criminal cases.
t) That no retrospective law, or law impairing the obligations of
contracts, shall be made.
u) That no man's particular services shall be demanded, or property
taken, or applied to public use, without the consent of his representatives, or
without just compensation being made therefore.
v) That perpetuities and monopolies are contrary to the genius of a
w) That the citizens have a right, in a peaceable manner, to assemble
together for their common good, to instruct their representatives, and to apply
to those invested with the powers of government for redress of grievances, or
other proper purposes, by address of remonstrance.
x) That the sure and certain defense of a free people, is a
well-regulated militia; and, as standing armies in time of peace are dangerous
to freedom, they ought to be avoided as far as the circumstances and safety of
the community will admit; and that in all cases the military shall be kept in
strict subordination to the civil authority.
y) That no citizen of this state, except such as are employed in the
army of the United States, or militia in actual service, shall be subjected to
punishment under the martial or military law.
That martial law, in the sense of the unrestricted power of military
officers, or others, to dispose of the persons, liberties or property of the
citizen, is inconsistent with the principles of free government, and is not
confided to any department of the government of this state.
z) That the citizens of this state have a right to keep and to bear
arms for their common defense; but the Legislature shall have power, by law, to
regulate the wearing of arms with a view to prevent crime.
aa) That no
soldier shall, in time of peace, be quartered in any house without the consent
of the owner; nor in time of war, but in a manner prescribed by law.
bb) That no citizen of this state shall be compelled to bear arms,
provided he will pay an equivalent, to be ascertained by law.
cc) That an equal participation in the free navigation of the
dd) That no
hereditary emoluments, privileges, or honors, shall ever be granted or conferred
in this state.
ee) That the
limits and boundaries of this state be ascertained, it is declared they are as
hereafter mentioned, that is to say: Beginning on the extreme height of the
Stone Mountain, at the place where the line of Virginia intersects it, in
latitude thirty-six degrees and thirty minutes north; running thence along the
extreme height of the said mountain, to the place where Watauga river breaks
through it; thence a direct course to the top of the Yellow Mountain, where
Bright's road crosses the same; thence along the ridge of said mountain, between
the waters of Doe river and the waters of Rock creek, to the place where the
road crosses the Iron Mountain; from thence along the extreme height of said
mountain, to the place where Nolichucky river runs through the same; thence to
the top of the Bald Mountain; thence along the extreme height of said mountain
to the Painted Rock on French Broad river; thence along the highest ridge of
said mountain, to the place where it is called the Great Iron or Smoky Mountain;
thence along the extreme height of said mountain to the place where it is called
Unicoi or Unaka Mountain, between the Indian towns of Cowee and Old Chota;
thence along the main ridge of the said mountain to the southern boundary of
this state, as described in the act of cession of North Carolina to the United
States of America; and that all the territory, lands and waters lying west of
said line, as before mentioned, and contained within the chartered limits of the
state of North Carolina, are within the boundaries and limits of this state,
over which the people have the right of exercising sovereignty, and the right of
soil, so far as is consistent with the Constitution of the United States,
recognizing the Articles of Confederation, the Bill of Rights and Constitution
of North Carolina, the cession act of the said state, and the ordinance of
Congress for the government of the territory north west of Ohio; Provided,
nothing herein contained shall extend to affect the claim or claims of
individuals to any part of the soil which is recognized to them by the aforesaid
cession act; And provided also, that the limits and jurisdiction of this state
shall extend to any other land and territory now acquired, or that may hereafter
be acquired, by compact or agreement with other states, or otherwise, although
such land and territory are not included within the boundaries herein before
the erection of safe prisons, the inspection of prisons, and the humane
treatment of prisoners, shall be provided for.
slavery and involuntary servitude, except as a punishment for crime, whereof the
party shall have been duly convicted, are forever prohibited in this state.
hh) The General
Assembly shall make no law recognizing the right of property in man.
preserve and protect the rights of victims of crime to justice and due process,
victims shall be entitled to the following basic rights:
1) The right to confer
with the prosecution.
2) The right to be free
from intimidation, harassment and abuse throughout the criminal justice system.
3) The right to be
present at all proceedings where the defendant has the right to be present.
4) The right to be heard,
when relevant, at all critical stages of the criminal justice process as defined
by the General Assembly.
5) The right to be
informed of all proceedings, and of the release, transfer or escape of the
accused or convicted person.
6) The right to a speedy
trial or disposition and a prompt and final conclusion of the case after the
conviction or sentence.
7) The right to
restitution from the offender.
8) The right to be
informed of each of the rights established for victims.
The General Assembly has the authority to enact substantive and
procedural laws to define, implement, preserve and protect the rights guaranteed
to victims by this section
explicitly stated otherwise, all references to County entities contained in this
Charter pertain to
masculine pronouns used herein shall also mean the feminine of said pronouns,
unless otherwise specified. Likewise,
the singular shall also include the plural, unless otherwise specified.
Powers and Functions
(2.01) Powers and
(2.02) Private and
regard to County Governmental Affairs, all lawful powers are vested in a
Charter does not address every power of
Reserved to the People
a) No provision of this
Charter shall infringe upon the rights, privileges, and powers reserved or
guaranteed to individuals by the United States Constitution or the Tennessee
b) No action by any
officer or employee of
c) All powers are
reserved for the citizens of
(2.06) Adherence to
elected and appointed
(3.01) Title and Filing
a) This Charter shall be
known and may be cited as the "Charter of Government for
b) Pursuant to T.C.A. §
5-1-209, both the certified copy of this Charter and the Proclamation of the
Tennessee Secretary of State showing the result of the ratification election
shall be deposited with the County Clerk for permanent filing.
and Oath of Elected Officers and Appointed Officials
a) Before entering upon
their duties, every officer whose election or appointment is prescribed in this
Charter shall meet all qualifications provided by this Charter and all
applicable general laws of
"I do solemnly swear (or affirm) that I will support, obey and
“Charter of Government for
I will give due allegiance and fidelity to the citizens of
favor or affection, so help me God."
b) Any person refusing to
take the oath or affirmation, or who after taking said oath recants, shall
forfeit that office immediately.
(3.03) Residence and
a) Any member of the
County Commission, School Board, Constables, or Ethics Committee who shall
remove their full-time residence from the district from which elected or
appointed shall forfeit that office immediately.
c) Any lawyer, either
elected or employed by the county in a legal capacity, who is suspended or
barred from the practice of law in the State of Tennessee, shall forfeit that
office immediately and shall not hold office or be reemployed during the term of
such suspension or disbarment.
d) No one may serve in
(3.04) Holding More
than One Compensated Government Office
elected or appointed
section shall not be interpreted to prohibit any duly elected Commissioner from
serving on subcommittees or from serving as an appointed member of any other
Limits for Elected Offices
No person shall be eligible to be elected to, or hold any one elected
office for more than two consecutive four (4) year terms.
However, after one (1) term out of office, individuals may be eligible to
serve additional terms, but may only serve two (2) terms in any twelve (12) year
period. If an individual is
appointed to fill an unfilled term, this term shall not be counted as part of
the two (2) consecutive elected terms.
In compliance with the Tennessee Supreme Court ruling in Jordan v.
Knox County, these term limits do not apply to the
(3.06) Amendments to
a statement that the
charter amendment set out in the ordinance is proposed for submission to the
voters of Greene County in accordance with the requirements of this Charter, and
2) the full text of the
proposed Charter amendment, including those portions of the existing Charter
which may be deleted, altered, or otherwise changed.
an ordinance shall become effective upon adoption, and its effect shall be to
require that the
b) Voters of
c) Any and all proposed
charter amendments to be submitted to the voters of
d) For any petition
to amend the Charter, following approval of the proper form of the petition by
the Election Commission, the petitioner shall have one hundred eighty (180) days
to return the petition with qualifying signatures.
If any article, section, or provision of this Charter shall be held
unconstitutional, invalid, or inapplicable to any person or circumstance, then
it is intended and declared by the people of Greene County that all other
articles, sections, or provisions of this Charter and their application to all
other persons and circumstances shall be severable and shall not be affected by
any such decision.
(3.08) Liability and
Void Obligation if Contrary to Charter
a) Except as
otherwise provided in this Charter, every obligation incurred, and every
authorization of payment in violation of provisions of this Charter are void.
Every payment made in violation of provisions of this Charter is illegal,
and all county officials who authorize or make such payment or any part thereof
are jointly and severally liable to
contained in this Charter is intended to prevent the making or authorizing of
payments or making of contracts for capital improvements to be financed wholly
or partially by issuance of bonds, nor shall it prevent the making when
permitted by law of a contract or lease providing for payment of funds at a time
beyond the end of the fiscal year in which contract or lease is made.
But any contract, lease, or other obligation requiring the payment of
funds from appropriations of a later fiscal year or of more than one (1) fiscal
year shall be made or approved by resolution.
(3.09) Service of
Process on County; Challenges to Charter
a) Service of any legal
process, notice, or other legal matter which is required to be served upon
County Government pursuant to any law, rule, or regulation shall be made upon
the Mayor, regardless of any other provision of Tennessee law to the contrary.
b) All challenges to any provision of this Charter shall be tried by
a jury of twelve (12) Greene County Citizens.
of Officers and Employees
The Mayor and such other
(3.11) Public Meetings
Compliance with the
All assemblies must convene in
All assemblies must keep detailed
minutes of all discussions. All minutes (including draft minutes), except where
attorney\client privilege would be violated, will be submitted within seven (7)
business days, to the County Clerk, who will prepare and maintain a permanent
record, as well as posting the minutes on the County web page. Minutes will be
made available to anyone requesting a copy, which request can be to the
All assemblies must be conducted
only in English.
electronic communication by assembly members is prohibited during a public
meeting, regardless of the device used. Electronic communication does not
include loudspeakers or video projection for attendees or board members. The
Secretary may use a computer, laptop, or tablet for
minute-keeping or research. All such devices must be the property of the
All assemblies must be conducted with audio levels that can be easily
heard by anyone of normal hearing capacity in any part of the meeting area. All
board members must adhere to these requirements when speaking. Any attendee
making a request for increased volume must be recognized by the chair, without
penalty, and must be accommodated, within reason, to satisfy the request.
Any attendee that feels they have been denied any of their legal rights
or privileges granted to them by TOML or this Charter may seek resolution in a
court of law. They shall have standing, and that status cannot be denied them.
Any citizen shall have the right to address any assembly as more
specifically set forth in Section 5.13(i)
Any assembly refusing to comply with these rules of conduct and
record-keeping is nugatory, and any decisions of that meeting are null and void
unless and until approved by the
Anyone convicted of a felony cannot serve on any assembly, in any
When uniformed security for meetings
is necessary, it recommended that one uniformed officer per twenty people in
attendance not be exceeded.
All county records shall be public documents and shall be open for inspection.
All minutes of
Open Records Requirements.
d) Computer Records Storage Requirements.
Any information required to be kept as a record by any
e) Remote Electronic Access to Greene
no circumstances are
(3.13) Petitions for
Recall, Referendum, and Initiative to be Applicable
b) Petitions for
Recall, Referendum or Initiative
1) After a registered
2) The petitioner will
place his name, address, and phone number upon each petition and copy.
Notwithstanding any provision of this Charter to the contrary, for any
duty required of the petitioner, the petitioner may appoint a proxy to serve as
his agent or replacement.
3) During the
certification of the
4) If a voter signature
fails certification, the petitioner will be granted the right to cure the
problem and said voter signature re-examined for certification within the given
5) The certified petition
will appear on the referendum ballot verbatim as certified by the Election
Commission. The petitioner will have
the right to verify the referendum ballot before the election.
6) It shall be a
violation of this Charter, punishable by a fine of ten thousand dollars
($10,000), for any person, directly or indirectly, personally or through any
(A) By force or
threats to prevent, or endeavor to prevent, any qualified voter from signing or
promoting a petition;
(B) To make use of
any violence, force, or restraint, or to inflict or threaten the infliction of
any injury, damage, harm or loss; or
(C) In any manner to
practice intimidation upon or against any person to induce or compel such person
to sign or to refrain from signing a petition.
1) Required number of
voter signatures will be equal to ten percent (10%) of the county voters, who
voted in the last county mayoral election, for non–recall petition that do not
deal with amendments to this Charter.
2) Recall of elected
county officials petitions:
(A) Countywide office holder recall petition voter signatures shall be
at least equal to fifteen percent (15%) of the county voters, who voted in the
last county mayoral election.
(B) District office holder recall petition voter signatures will be
equal to at least fifteen percent (15%) of the county voters, who voted in the
last county mayoral election within the district of the officeholder to be
d) Proposed petitions for
Initiatives challenging any action of the
Initiative and Referendum Provisions
a) The Mayor shall be
notified when the Election Commission has approved an initiative petition or
referendum in proper form. Once the
signatures have been validated and the petition certified by the Election
Commission, the Election Commission shall notify the Mayor of said action.
b) If at any time
the Commission, by two-thirds (2/3) vote of the full Commission, agrees to meet,
and abide by, all of the terms of the proposed initiative petition or
referendum, the initiative petition or referendum requirements will be deemed
satisfied by the petitioner and the proposal will become law without the need to
place same on the next election ballot.
c) This Section 3.14
does not apply to recall petitions or to the amendment process of this Charter.
(3.15) Real Property
real property can be acquired by
a) Purchase of Land or Building and Land
1) A Purchase Proposal
must be written and contain at a minimum, an in-depth detailed description of
(A) the land proposed to be acquired;
(B) the reasons for requesting the acquisition;
(C) a description of the acquisition’s benefit(s) to the people of
(D) the projected cost of the project, which shall include any site
preparation work, utility costs, sewers, remodeling, etc.;
(E) its impact on the operating budget in the cost of any additional
staff, furnishings, maintenance, utilities, insurance, etc.; and
(F) the proposed financing method, the costs to finance, and the total
cost of interest.
2) The above
Purchase Proposal must be written in such a manner that would create the most
available options to meet the acquisition needs.
If there is only one source meeting the above requirements, the Mayor
shall submit an explanation of why only one source qualified for the Purchase
3) A Risk Assessment
Report detailing all known associated risk and a risk mitigation plan must be
4) After the
Purchase Proposal and Risk Assessment Report have been prepared with the
required information, the Mayor will make a presentation to the Commission of
the Purchase Proposal, Risk Assessment, and supporting data.
The Commission may, by majority vote, take one or more of the following
(A) request more information,
(B) schedule a public hearing to present the acquisition plan to the
(C) vote to not proceed with the acquisition.
5) The Commission shall
not vote on the acquisition until after a public hearing and total contractual
costs have been established, the vote will require a two-thirds (2/3) majority
b) New Construction or Additions to Existing Buildings.
The same due diligence steps must be performed by the Mayor as in 3.15(a)
above. The Commission may by bid
process, as specified in Section 10.21(b) (3), select architectural or
engineering services to render drawings and a more formal estimate of the
project costs. After receipt
of architectural or engineering drawings, the Commission shall schedule a public
hearing with people of
c) Real or Personal Property Being Donated or Sold To
(3.16) Confiscation of
all property confiscated within
a) Provide to the owner
or his agent or assignee an itemized list and photographed inventory agreed upon
between the County and the owner or his agent or assignee.
b) Maintain such
confiscated property in safekeeping and preserve such confiscated property in
its as received condition, excluding natural depreciation.
c) Maintain such
d) Upon acquittal
or dismissal of the charges associated with accused, whose property was
confiscated, all such confiscated property, except any contraband, shall be
immediately returned to the owner, free of any encumbrances levied by the County
or its agents.
e) Any property
confiscated cannot be disposed of until the accused is charged and convicted by
a court. If such confiscated
property becomes the property of the County, the disposition of all such awards
must be disposed of as provided in this Charter and approved by the Commission.
Any and all funds raised from the sale of such property shall be placed
in the Contingency Fund.
f) For property
lost or damaged, excluding property damaged by an Act of God, the owner shall
have recourse to the court to sue the County for the recovery of the property
value, court costs, and attorney fees. All
judgments awarded shall be paid by the County within thirty (30) days of final
judgment. All judgments will be
charged to the department responsible for the missing or damaged property.
(3.17) Recovered Stolen
All recovered property must be secured in a safe place.
The property shall be maintained in the condition in which it was recovered,
excluding natural depreciation.
Recovered property must be itemized
and photographed and witness by two County officers. All such photographs must
be passed on to the owner if the owner is located.
All recovered property shall be
returned to the owner without the imposition of County fees. If the recovery
required additional expense, such as wrecker service or private storage, then
that cost will be the responsibility of the owner.
After 180 days, all unclaimed
recovered property may become the property of the county and will be disposed of
by the same procedure described in Section 3.16(e), excluding the court
procedure. All revenue from the sales of recovered property will apply in the
same way as described in Section 3.16(e).
Functions Not Addressed
Charter is not intended to address every function of
(3.19) Private Acts
Commission may request and adopt, according to the provisions of Section
5.07(c)(4), a Private Act of the General Assembly of the State of Tennessee;
however, no Private Act may be requested or adopted that would amend,
alter, or otherwise be in conflict with this Charter.
the aforementioned, any private act that is adopted by the Commission shall
remain subject to the right of the people to petition for referendum.
(4.01) Executive and
executive and administrative powers of the
(4.02) Executive Branch
Mayor shall be the head of the executive branch of
(4.03) County Mayor
The Mayor shall:
a) Ensure that all
resolutions and ordinances of the Commission are faithfully executed, that all
Tennessee laws applicable to the executive branch are enforced, and that all
officers and employees within the executive branch are faithfully executing
their duties under the law and this Charter;
provided, however, the Mayor shall not assume any of the constitutional,
statutory, or Charter duties of the Sheriff.
b) Prepare and submit to
the Commission, with the assistance of appropriate department heads, the
financial management committee, and other responsible officials, the necessary
budgets and financial reports. The
Mayor shall present the consolidated budget to the Commission in the manner
prescribed in Section 10.11 in order for the Commission either to approve said
budget as presented or to modify and amend the same as may be deemed requisite
in order to determine revenues necessary for a balanced budget.
Adoption of the budget shall be by Commission resolution or ordinance.
c) Examine at least
quarterly the accounts, records, and operations of every department, office, and
agency of the County Government; make regular reports at least quarterly to the
Commission on the affairs of the County Government; advise the Commission on the
financial condition and future needs of the County Government; and make such
recommendations on County Government affairs as he deems appropriate.
d) Have power to contract
with the various municipalities and agencies in
e) Provide for and
maintain all accounting systems necessary for the
f) When not Chairman of
the Commission, have veto power over ordinances, resolutions, or the annual
budgets of the county, which may be exercised by vetoing specific items or parts
of items without invalidating the whole. The veto shall be exercised and may be
overridden by the same procedure as provided in Section 5.08.
Provided, however, the Mayor shall not have a line item veto over the
budgets of the other elected county officials and clerks of courts. Any veto
shall be exercised in writing and filed with the
g) Nominate members of
all boards, authorities, and committees, except for the Ethics Committee and the
Financial Management Committee which are to be selected by the Commission.
Said Mayoral nomination shall be subject to approval by resolution of the
Commission. All such appointees
shall be residents of
h) Have the authority to
remove and discharge the members appointed in Section 4.03(g) above, subject to
the approval by resolution of the Commission.
Also, the Commission, by resolution, shall have the authority to remove
and discharge members appointed in Section 4.03(g) above.
Any removal proceeding commenced by the Commission shall be subject to
the veto procedures of this Charter, but only when the Mayor is not Chairman of
i) Have the right to
serve individually or to appoint from the administrative assistants, executive
assistants, or any head of any division or department of county government, in
writing, a designee, to serve in place and stead of the Mayor on any board or
commission of which the Mayor is a member by law, and said designee shall have
all powers including the power to vote as conferred upon the Mayor.
Any designee appointed by the Mayor under provisions of this section
shall be appointed to serve in that capacity for at least one (1) year, or the
remainder of the term of office of the Mayor, whichever is less.
During such periods of appointments, either the specified designee or the
Mayor may exercise the voting powers granted by this section.
However, at any meeting attended by the Mayor, only the Mayor shall
exercise the voting power.
j) Negotiate and execute
loans, bonds, notes, and other evidence of indebtedness to the extent provided
in the resolution authorizing the same.
k) Maintain the records
of county indebtedness and have charge of the payment of principal and interest
l) Examine all contracts,
orders, and other documents by which financial obligations are incurred by the
county or any of its officials or offices, indicate the availability of funds to
meet these obligations, and certify thereto.
m) Have the authority to execute contracts on behalf of County
Government, except as otherwise provided in this Charter, where said cost has
been included in the current budget and complies with all Tennessee and County
government procurement regulations, policies, and procedures, and, if
applicable, all federal procurement regulations.
If the situation arises such that non-budgeted goods or services are
Qualifications, and Compensation
a) The Mayor shall be
elected every four (4) years, commencing with the general election that is
scheduled for 2018.
b) To be a candidate for
office, the Mayor must meet all requirements of
c) The Mayor must be a
d) The Mayor's salary
shall be set by the Commission. The
salary of the Mayor may be changed from time to time by ordinance of the County
Commission; provided, however, that no change in salary shall take place during
the term for which the Mayor was elected or after January 1 of the year in which
the Mayor is to be elected.
a) If a vacancy occurs in
the office of Mayor by death, resignation, removal, disability, or otherwise,
the Chairman of the Commission shall immediately take office as Acting Mayor.
If the Chairman of the Commission is unable or unwilling to serve as
Acting Mayor for any reason, the Vice-Chairman of the Commission shall serve as
b) The Acting Mayor shall
serve until an Interim Mayor is elected by the Commission.
The Acting Mayor shall not exercise the powers of his office as
Commission Chairman or Vice-chairman while he serves as Acting Mayor.
The Commission shall elect an Interim Mayor within forty-five (45) days
after the Acting Mayor begins to serve.
c) The Interim Mayor
shall serve until a successor is qualified and elected at the next countywide
election allowed by the
Division, and Departments
a) The Mayor, subject to
approval by resolution of the Commission and further subject to the limitations
of the Tennessee Constitution, may abolish or consolidate major divisions of
b) The duties, powers,
and functions of the
(4.07) Mayor’s Role
in Budget procedures
a) The head of each
1) Detailed estimates of
the revenues and expenditures of their office for the ensuing fiscal year and
the two (2) fiscal years immediately thereafter,
2) Detailed estimates of
the costs of any capital improvements pending or proposed to be undertaken
within the ensuing fiscal year and the four (4) fiscal years immediately
3) Such other
information, related to budgeting, as the Mayor requests.
b) The Mayor will then
submit the information obtained to the Financial Management Committee, which
shall then submit said information to the Commission.
All legislative power of the County is vested in the board of county
commissioners, or as otherwise authorized by referendum.
This board is referred to as the
Subject to the limitations and restraints of the U. S. Constitution and
the Tennessee Constitution, the legislative power of the County includes all
lawful authority to adopt ordinances, emergency ordinances and resolutions
governing the operations of
Notwithstanding the previous legislative powers delegated to the
Commission, the citizens reserve the indefeasible, inalienable right to propose
and adopt legislation by initiatives or referendum, as further described in this
The Commission may not delegate (whether by resolution, contract,
assignment, waiver, inaction or by any other means), in part or whole, any
legislative power, authority or function. As such, the Commission may not vest
any other officer or individual, whether elected or appointed, or any committee,
study group, advisory board, or the like, with:
rule-making authority, or
any other power or authority that is
legislative or quasi-legislative in nature.
The Commission shall by resolution have the authority to provide for an
independent audit of the accounts and other evidences of financial transactions
of the County and of every County office as well as such other special audits as
the Commission deems necessary. Such
audits shall be made by the Tennessee Comptroller General, a certified public
accountant, or by a firm of certified public accountants designated by the
Commission. No individual auditor or
member of an auditing firm so designated shall have any personal financial
interest, direct or indirect, in the fiscal affairs of the county or of any of
its offices. The designated
certified public accountant(s) shall be qualified by training and experience and
shall have sufficient staff to perform the audits.
No individual certified public accountant or firm of certified public
accountants shall be employed to perform the audits for more than three (3)
By ordinance, the Commission shall establish purchasing procedures,
rules, and regulations governing all county purchases, sales, contracts for
services, and disposal of surplus property.
These rules and regulations will apply to all
No sale, purchase, or transfer of personal, real, or tangible property,
or any interests therein, owned by
By resolution, the Commission may employ, contract with, or otherwise
hire, any persons or business entities which it deems necessary to exercise the
powers vested in it, unless otherwise prohibited by this Charter.
Upon adoption of an approving resolution, in each instance by the
affirmative vote of a majority of commissioners present at any meeting wherein a
quorum is present, the Commission and its authorized committees shall have full
power and authority to hold public hearings on any matter that is related to the
business of the county. No such
hearing shall be held unless a quorum of the Commission or any authorized
committee, as the case may be, is present.
When public hearings are, or have been, approved pursuant to the
provisions of subdivision e) above, as a further power available to the
Commission for and during the public hearing, the Commission by an affirmative
vote of two-thirds (2/3) of the commissioners present, shall have full power and
authority to issue subpoenas for witnesses and to administer oaths to those
witnesses for the purpose of:
gathering information necessary or
desirable as it may relate to proposed Commission action, or
investigating any allegation of
misconduct by any elected official, representative, or employee of the county or
investigating any allegation of a violation of this Charter, ordinances, or
emergency ordinances of the Commission brought by any person against any elected
official, representative, or employee of the county.
Membership and Election
The Commission shall be the legislative branch of
The Commission under this Charter shall consist of twenty-one (21)
members, three (3) elected from each of the seven (7) districts of
No change shall be made in the Commission districts after November 1 of
the year preceding the year in which elections for the Commission are to be
All Commission Districts must comply with state and federal
On or before December 31, 2022, and every ten (10) years thereafter, it
shall be the duty of the Commission, based upon the most recent federal
decennial census, to reapportion and/or redistrict the Commission seats so as to
comply with Tennessee law.
No person shall be eligible to serve as a Commissioner unless they have
met all requirements set forth by
Commission may, by resolution, adopt its rules of order and procedure for the
conduct of its meetings, not to be in conflict with this Charter.
The adopted rules and procedures shall be posted on the
a Commissioner assumes another compensated city, county, state, or federal
office, whether by election or appointment, said Commissioner shall vacate his
seat on the Commission within thirty (30) days and the vacancy in the Commission
shall be filled in accordance with Section 5.10 herein.
Provided, however, anyone who currently holds another compensated city,
county, state, or federal office may run for Commissioner so long as, if
elected, that person resigns the existing city, county, state, or federal office
within thirty (30) days of his election as a Commissioner.
Commissioners shall be responsible for the financial management of
The remaining seven members of said Committee shall be Commissioners, one
(1) from each of the seven (7) commission districts, and they alone shall have
voting power. The Commissioners from each district shall, from among themselves,
nominate one (1) Commissioner from their respective district to serve on the
Financial Management Committee. If the Commissioners in a district are unable to
settle on a nomination, the entire Commission shall vote to appoint a
Commissioner, from that district, to the Financial Management Committee. The
Commission will vote to approve, as a whole, those seven (7) Commissioners
nominated for the Financial Management Committee. The Commission shall annually
at the first regular Commission meeting in September, vote to appoint the
Financial Management Committee. If a Financial Management Committee member
wishes to resign from the Financial Management Committee, he must do so in
writing to the Chairman of the Commission no later than seven (7) days prior to
the September meeting. If a vacancy occurs on the Financial Management
Committee, it shall be filled as specified in this Section 5.03(i) (2). The
Commissioners composing the Financial Management Committee cannot be employed by
any City, County, or State government.
In all proceedings of the Commission to elect Commission officers, the
following procedure shall be followed:
Nominations may be made by a Commissioner only.
Each Commissioner may vote in favor of one (1) nominee, by name, only.
Election of a nominee shall require a majority vote of the membership of
the Commission. Prior to such
election, the Commission shall, by resolution or ordinance, establish the
procedure for arriving at a majority vote.
When any public office is to be filled by the Commission, if any member
of the Commission accepts the nomination as a candidate for such public office,
the following procedures shall be followed in addition to Section 5.10:
No member of the Commission who is absent from any proceeding to fill a
public office shall be eligible to have their name placed in nomination unless
either the Chairman of the Commission or the County Clerk shall have present at
such meeting of the Commission a written acceptance of such nomination signed by
such member of the Commission.
If a Commission member's name is placed in nomination, the Chairman of
the Commission shall, prior to the first vote, require that member to either
accept or decline the nomination. A
refusal to either accept or decline shall disqualify that member for nomination.
No vote shall be recorded in favor of any Commissioner who has either
declined nomination or has been otherwise disqualified.
The acceptance of nomination by a member of the Commission shall
automatically disqualify such member to vote to fill that office.
If a Commission member is elected, his seat on the Commission shall
immediately be vacant.
Election of Chairman and
The Commission, annually, during the first September meeting, shall elect
from its membership a Chairman, Vice-Chairman, and such other officers as the
Commission deems necessary. The
Chairman of the Commission shall have administrative support from the
Office of the Mayor.
The salary of Commissioners shall not exceed the minimum salary required
Any Commission member may refuse his salary and return the money to the
Purposes of Ordinances and
enactments of the Commission shall be denominated “ordinances” when they are
designed to be permanent and abiding. Enactments
appointing committees, requiring investigations, or merely expressive of the
sense of the Commission shall be denominated “resolutions.” Any resolution
that upon passage shall become an ordinance shall be voted on and passed in
accordance with Section 5.07(c).
Ordinances, Emergency Ordinances,
The Commission shall exercise its legislative authority by resolution,
ordinance, or emergency ordinance as from now on set forth.
No ordinance, emergency ordinance, or resolution shall become effective
which embraces more than one (1) subject, the subject to be expressed in its
All ordinances, emergency
ordinances, and resolutions which repeal, revise, or amend former ordinances,
emergency ordinances, or resolutions shall recite in their caption the number
and date of adoption of the ordinance, emergency ordinance, or resolution that
is proposed to be repealed, revised, or amended.
No ordinance, emergency ordinance, or resolution shall become effective
unless the following procedure is followed:
(A) Each Commissioner
present shall distinctly, audibly or visually, cast his/her vote, and the County
Clerk shall record, in writing, each member's vote as "aye/yes,"
"nay/no," or "abstain."
At the conclusion of each vote, either the Chairman of the Commission or
(C) No Commissioner shall
change his vote after the vote is announced unless granted the right to do so by
a majority of Commissioners at such meeting at which the original vote was cast.
It shall be the duty of the Chairman of the Commission or the
Upon the adjournment of each and every meeting of the Commission, it
shall be the duty of the
It shall be the duty of the
Resolutions shall be adopted upon receiving a majority vote of the
membership of the Commission upon one (1) reading and shall become effective in
accordance with this Charter.
An ordinance shall be considered to be on the agenda of any meeting if
the caption of such ordinance is quoted verbatim in the agenda for such meeting
and a copy of such agenda has been made available to each and every Commissioner
not later than five (5) days prior to such Commission meeting, and a copy of
such ordinance has been made available to each member of the Commission at least
forty-eight (48) hours prior to such meeting.
To become effective, each ordinance shall be adopted in compliance with
To become effective, each ordinance must be approved by the Commission
upon two (2) readings. These
readings must occur at two (2) consecutive monthly meetings.
The time between the first reading and second reading must exceed
twenty-five (25) days.
All ordinances shall be adopted upon
receiving a majority vote of the full Commission unless the ordinances deal with
the following subjects, which shall be adopted on receiving two-thirds (2/3)
vote of the full Commission:
Any proposal for a referendum to amend this Charter;
Any proposal to change the purchasing procedures of County Government or
any agency or authority subject to the county purchasing ordinances;
Any proposal authorizing the Commission, or its authorized committee(s),
to hold public hearings pursuant to Section 5.02(f) of this Charter;
Any proposal that imposes a fine or incarceration as punishment for a
Any proposal that increases the salary and/or expenses of any elected
official, except for the salaries and expenses of Commissioners;
Any proposal that changes district lines;
Any proposal ratifying the contracting of services between the county
with various municipalities and agencies pursuant to Section 4.03(d) of this
Any proposal for the purchase or issuance of bonds; or
Any proposal that requests the adoption of a Private Act of the General
Assembly pursuant to Section 3.19.
An ordinance shall take effect no less than thirty (30) days following
its passage on final reading, except in the case of emergency ordinances or in
the case of a specific effective date being noted in the ordinance itself.
Ordinances imposing fines or incarceration as punishment for violation
thereof shall be enforced by the Sheriff unless such ordinance otherwise
provides. Persons charged with a
violation of such an ordinance shall be tried in the Court of General Sessions.
Any fines or penalties, or both, and court costs collected for such
violation, shall be paid into the
An emergency ordinance can only be passed when a situation such as a
natural or man-made disaster requires urgent assistance to prevent or reduce
An emergency ordinance may not be passed for acquisitions.
A failure to act on previous legislation is not legitimate grounds to
pass said legislation or similar legislation through an emergency ordinance.
An emergency ordinance may become effective upon the date of its passage,
provided it shall contain the statement that an emergency exists and shall
specify with distinctness the facts and reasons constituting such an emergency.
An emergency ordinance can be in effect for up to one hundred and eighty
A two-thirds (2/3) vote of the Commission body present, either in person
or via telecommunications, shall be required to pass an emergency ordinance.
However, at least a majority of the Commission must be present, either in
person or via telecommunications.
An emergency ordinance must be so designated in its caption and shall be
published after passage in a newspaper of general circulation and the County
After an emergency ordinance receives a two-thirds (2/3) vote from the
Commission present, the Mayor has one (1) hour to respond with either a
signature or veto of the emergency ordinance.
If the Mayor fails to respond, the measure is passed.
If the Mayor vetoes the emergency ordinance, the Commission may take an
immediate revote. A two-thirds (2/3)
plus one vote of the Commission present is required to override the veto.
If the veto is overridden or the Mayor signs the emergency ordinance, the
emergency ordinance will immediately take effect.
If the Mayor is absent from the county at the time the Commission passes
an emergency ordinance, the Mayor may authorize a veto or signature of an
emergency ordinance via telecommunication.
Signature and Veto Process
It shall be the duty of the
to deliver to the Mayor a true and
attested copy of all ordinances or resolutions within seven (7) days of the
to, within 30 days of final passage, cause to be delivered to the County
Attorney a certified copy of every ordinance or resolution.
to maintain an up-to-date record of all ordinances and resolutions and
furnish a true copy to interested persons for a reasonable fee.
Every ordinance, emergency ordinance, and resolution of the Commission
shall be submitted to the Mayor. If
the Mayor signs it, the ordinance or resolution shall become effective as
provided in Section 5.07 of this Charter, or at a later date if the ordinance or
resolution so provides.
If the Mayor is not the Chairman of the Commission, he may veto the
ordinance or resolution, and it shall be returned to the Commission for action
on the veto. If the resolution or
ordinance required a simple majority vote upon original passage, a vote of a
simple majority plus one (1) shall be required to override the Mayor’s veto.
If the ordinance required a two-thirds (2/3) vote upon original passage
pursuant to Section 5.07(c)(4) of this Charter, a vote of two-thirds (2/3) of
the Commission after receiving the veto, shall be required to override the
Mayor’s veto. Such passage must
take place within thirty (30) days of receiving the Mayor's message of veto as
provided in Section 4.03(f).
If the Mayor fails either to sign or veto an ordinance or resolution and
thereafter fails to report his action to the Commission within ten (10) days
after the ordinance or resolution is submitted to him, the Mayor shall have no
further power to veto the ordinance or resolution, and it shall become effective
without the signature upon the expiration of the ten (10)-day period, or at a
later date if the ordinance or resolution so provides.
Procedure for Adjusting Tax Rates or
Levying New Taxes
rates may be decreased by a simple majority vote of the Commissioners who are
present at any regular month meeting or at any other meeting called for the
purpose of setting tax rates.
rates may be maintained from one year to the next by a simple majority vote of
the Commissioners who are present at any regular month meeting or at any other
meeting called for the purpose of setting tax rates.
to increase County taxes or levy new taxes shall be vested solely in the
Commission, which may increase taxes only as specified below:
proposal or resolution, that will or may become an ordinance, to increase the
property tax rate, wheel tax rate, or any other tax or fee, or to levy a new tax
or fee, can only be adopted by an affirmative two-thirds (2/3) vote of the full
Commission at each of two (2) consecutive monthly meetings or at any other
meeting which has been duly advertised and called for the purpose of
establishing taxes or tax rates.
time between the first and second meeting must exceed twenty-five (25) days.
number of votes needed to establish an annual budget or to establish tax rates
shall not be decreased due to the absence of any Commissioners;
however, if five (5) or more Commissioners are disqualified from voting
due to the provisions of Section 9.04, the Commission shall:
decrease or maintain tax rates or to establish an annual budget by a
simple majority of those Commissioners qualified to vote.
taxes or levy new taxes by a three-fourths (3/4) vote of the Commissioners
qualified to vote.
any other language in this Charter to the contrary, there shall never be an
income tax enacted or levied by the County on the citizens of
further amendment of this Charter, no provision in this Charter shall be
interpreted to authorize any referendum or initiative that will set aside any
action by the Commission to establish taxes.
Removal of Members of the Commission
Commissioner may be removed from office according to the provisions of this
Charter or other provisions of
the event of a vacancy of any county office, the members of the Commission shall
fill the vacancy with a person who meets the qualifications prescribed by this
a) When an office is
vacated for any reason, the
Before the Commission votes to fill any vacated seat, the Chairman of the
Commission shall allow registered voters in
Any member of the Commission may also nominate candidates to be
considered to fill any vacated seat.
After nominations cease, the Commission shall discuss the nominations and
shall interview nominees or allow the nominees to speak to the Commission.
Having met all requirements of this Charter and
Any challenge to the legality of an appointment shall be submitted to a
judge of the
A vote to fill a vacancy cannot occur at the same Commission meeting
where nominations are first taken to fill said vacancy.
Approval of Nominations
nominations by the Mayor for any board, commission, agency, authority, chief
administrative officer, county attorney, or public defender, shall be subject to
the approval and consent by resolution of the Commission, in accordance with
Section 9.05(b) of this Charter.
Meetings and Quorum
The Commission shall hold at least one regular monthly meeting which
shall start at or after 5 p.m. and be held at a place to be determined by the
Chairman of the Commission, who shall also determine the time, place, and agenda
for all regular meetings.
Chairman of the Commission shall have the authority to call special Commission
meeting when deemed necessary. A
special meeting also may be called upon the request of one-third of the
membership of the Commission. When a
special meeting is called, the Chairman of the Commission shall determine the
time, place, and agenda of such meeting. This
same procedure shall apply to meetings of any Committee.
The Chairman of the Commission shall have posted on the County website
the agenda, Commissioner packets, or other handouts.
Also, anyone may obtain copies of meeting handouts at the
Designated committees of the Commission shall meet at a time and place to
be determined by the Chairman of such committee.
For each Commission
meeting and each committee meeting, the Chairman of the Commission shall notify
the public of any such meeting and shall thereafter file with the
each Commission meeting and each committee meeting, the
County Clerk shall keep minutes of each such meeting, shall post same on the
County website within five (5) business days, and shall submit a copy to
the Mayor, to the Financial Director, and to all Commissioners at least five (5)
days prior to the next Commission meeting. It
shall be the duty of the County Clerk’s office to maintain minutes of all
Commission and committee meetings in such manner that the records shall at all
times, during normal business hours, be open for public inspection.
g) A quorum for the
purpose of conducting business shall be a majority of the membership of the
Commission or committee. All
meetings shall be held in compliance with the provisions of T.C.A. § 8-44-101,
et. seq., and this Charter.
h) Emergency meetings
can take place for the sole purpose of assessing emergency conditions and
determining appropriate courses of action.
Any citizen of
beginning and ending of any meetings, any citizen may, for no more than three
(3) minutes per person, make suggestions, ask questions, or ask for a redress of
grievances. If possible, a verbal
response must be given to each person addressing the assembly. If
time is needed to reply, then the chair is responsible for providing a written
response within the first three business days following the meeting.
Before the Commission can proceed to vote on any matter, the Chairman of
the Commission shall ask the audience for any questions or comments regarding
the matter at hand. The Chairman of
the Commission shall recognize any
Commission shall establish and/or dissolve any committees as determined by a
majority vote of the full Commission, as well as set the level of participation
for its members, not to be in conflict with
a) The duties of the
Assessor of Property are vested in and exercised by the Greene County Property
Assessor. The Property Assessor’s
duties, qualifications, oath of office, and bond requirements shall be governed
by the Tennessee Constitution,
The Property Assessor shall be elected every
four (4) years, commencing with the general election that is scheduled for 2018.
c) The Property Assessor
must meet all requirements of
The Property Assessor must have been a resident of
The Property Assessor’s salary shall be set by the Commission.
The salary of the Property Assessor may be changed from time to time by
ordinance of the County Commission; provided,
however, that no change in salary shall take place during the term for which the
Property Assessor was elected or after January 1 of the year in which the
Property Assessor is to be elected.
If a vacancy occurs in the office of Property Assessor by death,
resignation, removal, disability, or otherwise, the Deputy Assessor shall serve
as Acting Assessor until an Interim Assessor is elected by the Commission.
The Commission shall elect an Interim Assessor within forty-five (45)
days after the Acting Assessor begins to serve.
The Interim Assessor shall serve until a successor is elected and
qualified at the next countywide election.
The duties of the Sheriff are vested in and exercised by the Greene
County Sheriff, who shall be the Chief Law Enforcement Officer of
The Sheriff shall be elected every four (4)
years, commencing with the general election that is scheduled for 2018.
c) The Sheriff must meet
all requirements of
The Sheriff must have been a resident of
The Sheriff’s salary shall be set by the Commission.
The salary of the Sheriff may be changed from time to time by ordinance
of the County Commission; provided, however, that no change in salary shall take
place during the term for which the Sheriff was elected or after January 1 of
the year in which the Sheriff is to be elected.
If a vacancy occurs in the office of Sheriff by death, resignation,
removal, disability, or otherwise, the Chief Deputy Sheriff shall serve as
Acting Sheriff until an Interim Sheriff is elected by the Commission.
The Commission shall elect an Interim Sheriff within forty-five (45) days
after the Acting Sheriff begins to serve.
The Interim Sheriff shall serve
until a successor is elected and qualified at the next countywide election.
Register Of Deeds
The duties of the Register of Deeds are vested in and exercised by the
Greene County Register of Deeds. The
duties, qualifications, oath of office, and bond requirements of the Register of
Deeds shall be governed by the Tennessee Constitution,
b) The Register of Deeds
shall be elected every four (4) years, commencing with
the general election that is scheduled for 2018.
The Register of Deeds must meet all requirements of
d) The Register of Deeds
must have been a resident of
The Register of Deeds’ salary shall be set by the Commission.
The salary of the Register of Deeds may be changed from time to time by
ordinance of the County Commission; provided, however, that no change in salary
shall take place during the term for which the Register of Deeds was elected or
after January 1 of the year in which the Register of Deeds is to be elected.
f) If a vacancy occurs
in the office of Register of Deeds by death, resignation, removal, disability,
or otherwise, the Deputy Register shall serve as Acting Register until an
Interim Register is elected by the Commission.
The Commission shall elect an Interim Register within forty-five (45)
days after the Acting Register begins to serve.
The Interim Register shall serve until a successor is elected and
qualified at the next countywide election.
a) The duties of the
If a vacancy occurs in the office of
1) The Commission shall
elect an Interim Clerk within forty-five (45) days after the Acting Clerk begins
2) The Interim Clerk
shall serve until a successor is elected and qualified at the next countywide
The duties of the Trustee are vested in and exercised by the Greene
County Trustee. The duties,
qualifications, the oath of office, and bond requirements of the Trustee shall
be governed by the Tennessee Constitution,
b) The Trustee shall
be elected every four (4) years, commencing with the general election that is
scheduled for 2018.
The Trustee must meet all requirements of
Trustee must have been a
The Trustee’s salary shall be set by the Commission.
The salary of the Trustee may be changed from time to time by ordinance
of the County Commission; provided, however, that no change in salary shall take
place during the term for which the Trustee was elected or after January 1 of
the year in which the Trustee is to be elected.
f) If a vacancy occurs
in the office of Trustee by death, resignation, removal, disability, or
otherwise, the Deputy Trustee shall serve as Acting Trustee until an Interim
Trustee is elected by the Commission.
1) The Commission shall
elect an Interim Trustee within forty-five (45) days after the Acting Trustee
begins to serve.
2) The Interim Trustee
shall serve until a successor is elected and qualified at the next countywide
a) The duties of the
Highway Superintendent are vested in and exercised by the Greene County Highway
Superintendent. The duties,
qualifications, the oath of office, and bond requirements shall be governed by
the Tennessee Constitution,
b) The Highway
Superintendent shall be elected every four (4) years,
commencing with the general election that is scheduled for 2018.
c) The Highway
Superintendent must meet all requirements of
d) The Highway
Superintendent must have been a resident of
The Highway Superintendent’s salary shall be set by the Commission.
The salary of the Highway Superintendent may be changed from time to time
by ordinance of the County Commission; provided,
however, that no change in salary shall take place during the term for which the
Highway Superintendent was elected or after January 1 of the year in which the
Highway Superintendent is to be elected.
If a vacancy occurs in the office of Highway Superintendent by death,
resignation, removal, disability, or otherwise, the Assistant Superintendent
shall serve as Acting Superintendent until an Interim Superintendent is elected
by the Commission.
The Commission shall elect an Interim Superintendent within forty-five
(45) days after the Acting Superintendent begins to serve.
The Interim Superintendent shall serve until a successor is elected and
qualified at the next countywide election.
Circuit Court Clerk
a) The duties of Circuit
Court Clerk are vested in and exercised by the Greene County Circuit Court
Clerk. The duties, qualifications,
the oath of office, and bond requirements shall be governed by the Tennessee
b) The Circuit Court
Clerk shall be elected every four (4) years,
commencing with the general election that is scheduled for 2018.
c) The Circuit Court
Clerk must meet all requirements of
d) The Circuit Court
Clerk must have been a resident of
e) The Circuit Court
Clerk’s salary shall be set by the Commission.
The salary of the Circuit Court Clerk may be changed from time to time by
ordinance of the County Commission; provided, however, that no change in salary
shall take place during the term for which the Circuit Court Clerk was elected
or after January 1 of the year in which the Circuit Court Clerk is to be
f) If a vacancy occurs
in the office of Circuit Court Clerk by death, resignation, removal, disability,
or otherwise, the Deputy Clerk shall serve as Acting Clerk until an Interim
Clerk is elected by the Commission.
The Commission shall elect an Interim Clerk within forty-five (45) days
after the Acting Clerk begins to serve.
The Interim Clerk shall serve until a successor is elected and qualified
at the next countywide election.
a) Tennessee Constables are sworn and bonded peace officers with full
powers of arrest under
T.C.A. § 8-10-101, et seq.
constable is required to participate in 40 hours of in-service training and to
be range-qualified each year by a Certified Firearms Instructor prior to
carrying a firearm in an official capacity or having powers of arrest. A
copy of both of the aforementioned certifications is to be provided by the
Constable to the Greene County Sheriff who will maintain a file for each
disqualified for not meeting these requirements cannot fill a constable's
position in that four-year election cycle.
number of constables in
Offices Not Addressed
Charter does not address every office of
The judiciary of
This Charter shall not be construed to dismantle or discontinue any
lawful courts or judgeships established prior to the adoption of this Charter.
The Commission may, by ordinance, create additional divisions of the
a vacancy occurs in any judicial office of the
Abolishing Divisions or Altering
herein shall grant to the Commission power to abolish a division of any
of Court and Evidence
herein contained shall confer upon the Commission the power to make rules of
court, rules of evidence, or otherwise affect the rules of civil or criminal
procedure applicable to the courts of
is hereby created the Greene County Board of Education (hereinafter referred to
as the School Board). The people of
Greene County shall elect a School Board comprised of seven (7) members, one
from each of Greene County’s seven electoral (7) districts. The election shall
be non-partisan; the candidates shall be listed on the ballot as Independents;
there shall be no primary elections to select candidates for inclusion on the
School Board terms
are four (4) years. The election cycle in place at the adoption of this Charter
shall continue under this Charter. Board members shall take office on September
1 following their respective elections.
No individual shall
be eligible to serve on the School Board unless they have met all requirements
set forth by Tennessee law and this Charter, and have maintained a permanent
residence as a citizen of the county for at least one (1) year prior to filing
to run for this office and must remain a full-time resident of the district
during his term of office.
No School Board
member shall be eligible to hold any other compensated government position,
whether local, county, state or federal, so long as they hold the office of
School Board member. If a School
Board member assumes another compensated government position, whether by
election or appointment, said member shall vacate his seat on the School Board
within thirty (30) days and the vacancy in the School Board shall be filled by
School Board Salary and Compensation
member of the School Board shall receive compensation in the same amount per
meeting as provided for members of the
Board – Activity
School Board shall hold regular meetings at least monthly. The
Chairman may call such special meetings when he feels that the interest of the
public schools require such or when requested to do so in writing by four (4)
members of the Board.
(5) members of the Board shall constitute a quorum. Committee
shall have at least three (3) members. All
meetings shall be held in compliance with the provisions of the Tennessee Open
Meetings Act (T.C.A. § 8-44-101, et. seq.), and this Charter.
School Board may, by resolution, adopt its
rules of order and procedure for the conduct of its meetings, not to be in
conflict with this Charter. The
adopted rules and procedures shall be posted on the
School Board shall elect, during the first meeting in September each year, a
Chairman, Vice-Chairman, and Secretary from within its ranks. The
Chairman of the School Board shall be the presiding officer of the Board and
appoint all committees of the Board. In all proceedings of the School Board to
elect officers, the following procedure shall be followed:
Nominations may be made only by
School Board members.
Each member may vote in favor of
only one (1) nominee.
of a nominee shall require a majority vote of the full membership of the School
Board. Prior to such election, the
School Board shall establish the procedure for arriving at a majority vote.
Board members are bound by the provisions of Section 9.04 (Conflict of Interest)
of this Charter.
Board meeting and each School Board committee meeting, the School Board
Secretary shall notify the public of any such meeting in accordance with the
provisions of the Tennessee Open Meetings Act and shall thereafter file with the
School Board meeting and each School Board committee meeting, the Secretary shall
keep minutes of each such meeting, shall provide a copy to the
meetings can take place for the sole purpose of assessing emergency conditions
and determining appropriate courses of action.
Any citizen of
the beginning and ending of any meetings, any citizen may, for no more than
three (3) minutes per person, make suggestions, ask questions, or ask for a
redress of grievances. If possible,
a verbal response must be given to each person addressing the assembly.
If time is needed to reply, then the chair is responsible for providing a
written response within the first three (3) business days following the meeting.
Before the School Board can proceed to vote on any matter, the Chairman
of the School Board shall ask the audience for any questions or comments
regarding the matter at hand. The
Chairman of the School Board shall recognize any
Board Duties and Powers
and control of the
School Board shall have all such duties, powers, and authority necessary or
reasonably implied to manage and establish policy for the County School System
as provided by Tennessee Constitution,
School Board shall operate on a balanced budget financial plan for the current
year. Additionally, each year’s
balanced budget shall be developed by using projected income and expenditures
for the current year and two (2) fiscal years forward (3-year total operations
and financial planning budgets). Further,
a five (5) year capital improvement plan must be maintained and updated each
fiscal year, during the budgeting process as specified in Article 10 of this
Normal operating costs are things such as fuel costs, payroll, power
bills, facilities and vehicle maintenance, and similar recurring costs.
The Capital budget will consist of costs incurred for the purchase of
equipment such as buses, computers, school equipment, and other things not
normally occurring on a regular basis.
Director of Schools, the Chairman of the School Board, and the Secretary of the
School Board shall constitute the Executive Committee of the Board and shall
meet as often as necessary to ensure attainment of the Board’s objectives. All
actions of the Executive Committee shall be submitted to the Board at its
meetings and shall be subject to ratification, modification, or rejection by the
members of the Board shall give bond in an amount and under terms as provided by
this Charter or
member of the Board who votes to create debts beyond the legitimate income
provided in the school budget for any school year or in any way misappropriates
or misuses school funds commits a Class A misdemeanor and shall forfeit office
and shall be replaced by the Commission.” (T.C.A. § 49-2-204).
School Board shall appoint, during their October meeting, a Director of Schools
who shall be a full-time employee of
of Schools shall satisfy requirements of
of Schools shall be a chief administrative officer and executive official of
Government School System, responsible for exercising all executive and
administrative functions of School Board. Director of Schools shall have and
exercise all powers and authority necessary to perform his responsibilities as
salary of Director of Schools shall be recommended by the School Board. Such
salary may be changed from time to time by ordinance of the County Commission;
provided, however, that no change in salary shall take place during the term for
which the Director of Schools was appointed.
a vacancy occurs in the office of Director of Schools by death, resignation,
removal, disability, or otherwise, the Deputy Director of Schools shall serve as
Interim Director of Schools.
Interim Director of Schools shall serve until a Director of Schools is appointed
by the School Board.
extension of the current contract can be offered or ratified until the current
contract has been ninety (90) percent completed. Bonuses cannot be given to this
School Board Employees
handling of employment in County Schools shall meet the requirements of
salary increases, changes in job titles/responsibilities, and any changes in the
number of employees of the Board of Education, or of the Director of Schools,
shall be approved in advance by a majority of the School Board. Failure to
comply will constitute a violation of T.C.A. § 49-2-204.
purpose of this Section, "personal
interest" means a financial interest of the official or employee,
whether direct or indirect, or a financial interest of the official’s or
employee’s relative, in any matter to be voted upon, regulated, supervised, or
otherwise acted upon as an agent of County Government.
purpose of this Section,
“relative” means parent, foster
parent, parent-in-law, child, spouse, brother, foster brother, sister, foster
grandchild, son-in-law, brother-in-law, daughter-in-law, sister-in-law, or other
family member who resides in the same household.
A court-appointed legal
guardian or an individual who has acted as a parent substitute is also included
within this definition.
purpose of this Section, “assembly”
means any group or subgroup where decisions are determined by voting, including
County Commission, School Board, Election Commission, and any group or subgroup
in which an elected official or employee of County Government is a member.
Ethics Committee -Structure
from each district shall select one (1) individual who shall reside in that
district, and who is not a government employee, official, or officer or have a
member of the immediate family who is a county government employee, official, or
officer. The selections shall be presented to the
Ethics Committee – Activity
provisions of this article shall be broadly construed and strictly enforced for
the purpose of preventing
Ethics Committee shall meet within twenty (20) days of taking office to select a
Chairman, Vice-chairman, and Secretary from within the assembly. The
Ethics Committee members shall, at the first meeting, take the Oath of Office as
prescribed in Section 3.03.
Ethics Committee shall not hold regular meetings but, instead, shall meet when
necessary to work on the investigation of complaints or its recommendations. The
Secretary shall record and submit minutes of each Committee meeting to the
Ethics Committee shall have the authority and responsibility to investigate all
complaints regarding Charter violations, and misconduct, fraud, waste, or abuse
by any appointed or elected
complaints shall be submitted in writing to the Chair of the Ethics Committee,
be signed by the individual making the complaint, and shall include in
reasonable detail the facts upon which the complaint is based. The
Complaint will not be considered unless the Complaint is notarized and sworn. The
procedure shall be as follows :
complaints shall be given a case number and subject.
Ethics Committee member may, if desired, interview the Complainant one-on-one
and record the information for personal use.
A simple majority vote of the Ethics Committee is required for any future
The Ethics Committee, notwithstanding Section 5.02(f), shall have power
and authority to subpoena witnesses and to administer oaths, where necessary or
desirable, for the purpose of completing its investigatory duties.
The Ethics Committee may undertake an investigation on its initiative
when it acquires information indicating a possible wrongdoing, in effect making
a complaint to itself.
The Ethics Committee shall function only to investigate complaints and to
make recommendations if warranted by the investigatory result. Recommendations
for local disciplinary actions, along with all the information obtained, shall
be presented to the Commission who shall then decide, by simple majority vote,
whether to impose the recommended or other disciplinary action(s).
If the violations are severe, the Ethics Committee shall contact the
District Attorney and state authorities to refer the matter for further action
All meetings of the Ethics Committee shall be held in compliance with the
Tennessee Open Meetings Act.
Conflict of Interest and Other
No elected or appointed officer or employee of County Government shall,
in any manner whatsoever, have a personal interest in, or receive any benefit or
compensation from, any contract, job, work, or service of County Government. No
such officer or employee shall accept, directly or indirectly:
1) any service or item
2) any part of any fee,
commission, or other compensation paid by or payable to
No elected or appointed officer or employee of
No elected or appointed officer or employee of
No elected or appointed official of County Government shall advocate,
recommend, supervise, manage, or cause the employment, appointment, promotion,
transfer, or advancement of his relative to an office or position of employment
with County Government.
No elected or appointed officer or employee of County Government shall
vote for, lease, overlook, or in any manner superintend any work or contract
with County Government for sale of any land, materials, supplies, or services to
or by County Government, or to a contractor supplying County Government, where
such person or his relative has a personal interest.
Any elected official or employee of
No elected or appointed officer or employee of County Government shall
advocate or vote for any budgetary item or tax rate that would directly or
indirectly benefit him or his relatives, as that term is defined in Section
If a complaint involves a voting violation of this Section 9.04, and the
Ethics Committee determines that such a violation has occurred, the Ethics
Committee shall recommend any disciplinary recommendations.
i) The Commission may
enact ordinances to guard against injustice, to supplement various provisions
herein, and to extend prohibitions against conflict of interest which are not
inconsistent with this Charter. Further,
it is the stated intention of this Charter that all future ordinances passed by
the Commission shall be not less stringent than
(9.05) Members of
Boards, Authorities, Commissions, or Agencies
a) No elected or
appointed official or employee of County Government who is compensated for their
service by salary and/or wages shall receive any additional salary for serving
as an ex-officio member of a county board, commission, authority, committee, or
b) Should any
offices, boards, or committees need to be filled by the
X of this Charter adopts certain provisions of the
used in this Article, unless the context otherwise requires,:
means the County Financial Management Committee;
“Department” means the
Finance Department; and
“Director” means the
Director of the Finance Department.
Finance Department – General
This Article creates a Finance Department to administer the finances of
the County for all funds of the various departments, agencies and boards that
are part of
This Article shall not be construed as authority over personnel policies
or procedures or salaries of the various County offices or departments, except
with respect to requiring necessary recordkeeping and reporting needed for
performing the payroll functions as prescribed by the Committee.
The Finance Department shall be
responsible for purchasing, accounting, budgeting, payroll, cash management, and
other such financial matters of the County as provided in this Article.
All employees performing the functions of purchasing, payroll,
accounting, and budgeting in the various operating departments shall be
transferred to the supervision of the Director, and such salaries, benefits, and
expenses relating to such personnel shall be budgeted under the Finance
Department, notwithstanding any other law to the
The Department shall establish a system of fiscal management, control,
accounting, budgeting, purchasing, and cash management as within provided.
Such system shall conform to generally accepted principles of
governmental accounting and shall be in substantial agreement with the
recommendations of the national council of governmental accounting, and the
rules and regulations established by the Comptroller of the Treasury and state
Financial Management Committee –
County Financial Management Committee is hereby created.
Committee shall consist of nine (9) members: the
The seven (7) members elected by the
Such Committee shall meet from time to time as it may deem necessary for
the discharge of its duties as provided in this section.
The Mayor shall be the ex officio chairman of such Committee.
The Director shall be the ex officio secretary of such Committee.
Neither the Mayor nor the Director shall be entitled to vote.
In the absence of the Mayor or Director, the Committee shall select from
among its members a temporary replacement, who shall maintain the right to vote.
The Committee shall establish and approve policies, procedures and
regulations in addition to the specific provisions of this Article, for
implementing a sound and efficient financial system for administering the funds
of the County.
Such system shall include budgeting, accounting, purchasing, payroll,
cash management and such other financial matters necessary to an efficient
Director – Appointment and
The Committee shall appoint the Director, subject to the approval of the
The Committee may dismiss the Director, subject to the approval of the
b) The Director shall be
an employee of the County.
The Director shall have a bachelor degree from a college or university. Such
person shall have had at least eighteen (18) quarter hours or equivalent
semester hours in accounting or equivalent experience in accounting.
Director shall make
e) The compensation of
the Director shall be established by the Committee, subject to the approval of
Director - Duties
a) The Director shall
oversee the operation of the department and the functions established by this
Article and shall be responsible for the implementation of the policies of the
Committee or such special committees established by the Commission.
b) The Director shall,
as part of the director’s duties, install and maintain a purchasing, payroll,
budgeting, accounting, and cash financial management system for the county.
c) The Director shall
assist other county officials and employees in coordinating an efficient
countywide financial management system for the County.
d) The Director has the
authority to hire and terminate personnel for the Finance Department subject to
the approval of the Financial Management Committee; provided,
however, that the positions are funded in the annual budget and the personnel so
hired meet the written job requirements as recommended by the Director and
approved by the Committee.
e) The Director shall
prepare a consolidated annual budget for submission to the Committee.
f) The Director shall
have the authority to request any pertinent financial information from any
department or office of
Director - Deputy
Director shall recommend an employee of the Finance Department to serve as
Deputy Director of Finance, subject to the approval of the Committee.
Deputy Director shall perform such duties and responsibilities as assigned by
the absence of the Director, the Deputy Director shall perform the duties of the
Director necessary to the continued operation of the department, including, but
not limited to, the co-signing of warrants, payroll checks, and purchase orders.
Director - Bond
a) The Director shall
execute a blanket bond in an amount of not less than One Hundred Thousand
Dollars ($100,000.00) for the faithful performance of the Director’s duties as
Director and of the department employees in accordance with the general law for
b) The cost of such bond
shall be paid from funds appropriated to the department for such purpose.
c) The Committee may
recommend to the Commission that such bond be increased, but any increase in
appropriations must be approved by the Commission.
d) Such bond shall be
prepared in accordance with the provisions of T.C.A. § 8-19-101, et. seq.,
shall be approved by the Commission, shall be recorded in the Office of the
fiscal year, the head of each
Must be built from the bottom up each fiscal year, starting with a blank
slate each fiscal year.
Must include a breakdown of the proposed zero-based budget and capital
investment plan for three (3) years operations, which shall include the current
year, the proposed year, and one (1) year forward.
Must note any increase from the previous year’s operations and
financial planning budget as well as any changes in the capital improvement
Must note the total amount the department, office, or organization spent
the previous year for operations and capital investments. This
figure shall include the total amount budgeted and approved by the Commission,
as well as the total amount of funds actually disbursed by the department,
office, or organization.
Must be itemized to the lowest level of cost reported.
Improvement budgets shall not be altered or varied between yearly budgets,
except with the approval of the Commission by resolution.
unspent budgeted line item allocations shall, at year end, be transferred into
the general fund for use in the projected budget funding.
revenue realized from the sale of any county-owned assets shall be transferred
directly into the Contingency Fund, and, shall not be used to fund any line item
reductions in operating funds received from either the State of
Budget – Preparation and Committee
or before February 1 of each year, the Committee, in conjunction with the
Director, shall prescribe the budgetary procedures, forms, calendar, and other
information as may be necessary to implement the budgetary procedures contained
in this Article.
department or office of
the information submitted, the Director shall prepare a consolidated budget document as
authorized by Section 10.06(e).
Said document shall show, by line item, the estimated expenditures by the
various departments and officials required for the efficient operation of the
Said document shall show estimated revenues to be received by each of the
funds during the next fiscal year and an estimate of the unencumbered fund
balance of each of such funds at the beginning of the fiscal year.
The Director shall file the
consolidated budget document with the Committee.
The Committee shall review the
consolidated budget; and, where deemed appropriate by the Committee, address
recommended spending adjustments with each department head. All
unresolved budgetary conflicts are to be presented to the Commission for final
resolution. The recommended
consolidated budget with all unresolved budgetary conflicts shall be presented
to the Commission at least ten (10) days prior to the June Commission meeting.
Such consolidated budget shall contain an itemized and classified plan of
all proposed expenditures and estimated receipts for the ensuing fiscal year as
submitted by each department, office, or agency and recommended by the
Committee, and shall conform to the uniform classification of accounts
established by the Director in accordance with the prescribed uniform accounting
system of the State of Tennessee.
It is expressly provided that the classification of expenditures and
receipts of any and all county school funds which are administered by the School
Committee shall fully provide in the budget for all requirements for debt
service, interest, bond maturities, and for any cash deficit in any fund at the
beginning of the fiscal year, and shall propose a tentative tax rate to fund
such budget. The Committee shall
fully provide for any court-ordered expenses, including, but not limited to,
deputies’ and assistants’ salaries authorized by court order pursuant to
T.C.A. § 8-20-101, et seq. The
budget, when adopted, shall appropriate funds to comply fully with such court
order. The Commission shall adopt
any budget amendment necessary to implement the provisions of such court order.
Budget – Hearings – Supporting Documents – Commission Action
At least ten (10) days before the proposed budget is to be presented to
the Commission, the Committee shall cause to be published on the County website
the proposed annual operating budget and a summary of said budget shall be
published in a Greene County newspaper of general circulation in the form
prescribed by Tennessee law.
(B) This budget shall
contain a budgetary comparison, which shall include comparisons of the proposed
budget with the current year and the prior year, for the following governmental
purpose school fund; and
iv) Debt service.
Budgetary comparisons shall be by individual fund and shall summarize
revenues by local taxes, State of
Such publication shall also contain a notice of a public hearing which
shall be conducted by the Committee, and at which said hearing, any citizen of
the County shall have the right to appear and have three (3) minutes to state
such citizen’s views on the budget.
The Committee shall present the budget to the Commission at the regular
June Commission meeting each year, or at a special session called for this
purpose prior to the regular June meeting.
proposed budget shall be accompanied by a budget message explaining the
financial program and outlining the services, work, and activities to be
financed by the proposed budget and a brief discussion of the means proposed for
funding the expenditure program set forth in the budget.
With the proposed budget, the Committee shall deliver to the Commission a
budget appropriation resolution and a tax levy resolution.
The Commission may alter or revise the proposed budget, except as to the
provision for debt service requirements and other expenditures required by State
law. However, when reviewing the
proposed budget of the
The Commission shall adopt a budget
prior to August 1.
After adoption of the budget, any county department, agency or official
shall be entitled to a hearing before the Commission to justify any proposed
additional requests or budget estimates.
In the event of a dispute, the Director may make quarterly allotments to
any department, agency or official seeking a budget hearing, but not to exceed
the approved amount for such quarter.
Upon amendment of the budget, the Director shall make a supplemental
allotment or impound the funds of any department, agency or official in order to
bring such appropriations in line with the amended budget.
The budget, the appropriation resolutions, and the tax levy resolution,
as adopted, shall be recorded in the minutes of the
Committee shall report annually, as a part of their annual budget report to the
public as outlined in Section 10.11(a), the following:
debt calculation that itemizes all outstanding amortized principal and interest
of total debt per capita.
Calculation of total debt as a
percentage of per capita income.
of total debt as a percentage of total appraised value of the County’s taxable
recent debt rating provided by the County’s bond rating agency.
Commission will not incur total indebtedness (principal and interest) that
exceeds any of the following parameters:
Total debt will not exceed $750 per capita.
Total debt will not exceed 4% of per capita income.
debt will not exceed 1.25% of the total appraised value of the County’s
taxable real property.
a) The Commission
shall maintain a Contingency Fund equal to 5% of the total annual budgeted
expenditures. This fund is to be
used only for emergency expenditures upon approval by 2/3 vote of the
Commission, and not to be used to fund budgetary line items or to balance
b) Any withdrawals from
the Contingency Fund shall be replaced in the next two (2) fiscal years in equal
c) The initial funding
of the Contingency Fund shall be equally spread annually over the first six (6)
years after the ratification of this Charter.
Appropriations – Later
Modifications - Impounding
a) Appropriations made
in the appropriation resolution or any amendments thereto, shall constitute the
limit to expenditures for the various purposes and from the several funds of
such county for the fiscal year covered by the resolution, and no expenditure
shall be made, or obligation created, in excess of such limitation.
b) After the original
annual appropriation resolution has been adopted and the tax rate for the year
fixed by the Commission, any resolution presented to the Commission in any
fiscal year that provides for an appropriation in addition to those made in the
original budget appropriation, shall specifically provide by tax levy sufficient
revenues, or, in the alternative, designate the source of funds to meet
expenditures to be made in consequence of such additional appropriation.
If at any time during the fiscal year, it shall become apparent that the
revenues of any of the County’s funds, together with its unencumbered cash
balance at the beginning of such year, will not be sufficient to equal the
amount of the original appropriations, it shall be the duty of the Director to
impound the appropriations from such fund in such amount as shall be necessary
to balance such account.
2) Upon written
approval of the Committee, such impounded funds shall be released.
Expenditures – Minor Adjustments
a) Appropriations made
by the Commission shall constitute an authorization for the expenditures
contained within, unless limited by the Commission.
b) Expenditures may be
made, and obligations created against, any appropriation to an aggregate total
of the amount appropriated.
c) Expenditures and
encumbrances against the amounts appropriated shall be made only upon an order
or authorization issued by the Department.
d) No expenditures made,
or obligations created in any manner, shall be valid or binding against the
County except as provided by the provisions of this Article.
The Committee, at the request of any official or head of any department
or division that may be affected, may make transfers and adjustments within the
smallest budgetary itemization of any subdivision.
Any other transfers or adjustments shall be submitted to the Committee
for its recommendation to the Commission.
Director shall make a report at the end of each month showing the condition of
Such report shall show for each item of appropriation, or allotment
thereof, the total expenditures for the month and year to date, the amount of
outstanding encumbrances, and the amount of the unencumbered balance.
Such report shall also show for each fund an itemized statement of
revenues and receipts estimated for the year, the amount of the collections of
each item for the month, year-to-date, and the unrealized portion of the
Each department head, elected official, and board member shall be
furnished copies of monthly reports for their respective departments as soon as
the same are available.
The most recent of such reports shall be presented by the Director at
each regular session of the Commission.
At such time, the Director shall advise the Commission of the condition
of the budget, and of any adjustment or reduction of appropriations that should
be made, and shall recommend any other action that, in the Director’s opinion,
the Commission should take in order that the financial condition of the county
is not impaired.
Accounting System – Pre-audit of Invoices, etc.
There shall be set up and maintained in the Department a system of fiscal
procedure, control, and centralized accounting, which shall be under the
administrative control and direction of the Director.
Before any obligation against the county shall be paid or any
disbursement warrant or voucher issued, a detailed invoice, receivable copy of
the purchase order, or such document indicating receipt of merchandise or
service must be approved by the head of an office, department, or agency for
which the obligation was made, and be filed with the Director.
The Director shall establish a system for making a careful pre-audit of
such invoice, purchase order, or other documents, including a comparison with
any encumbrance document previously posted or filed authorizing such obligation,
and shall approve for payment only such items as appear to be correct, properly
authorized, and not exceeding the otherwise unencumbered balance of the
allotments or appropriations against which they are chargeable.
Disbursement Warrants shall be promptly prepared for all such approved
obligations by the Director and mailed or delivered to the payees thereof.
All disbursement warrants that are drawn on the County for the
obligations of all county departments, agencies, and officials, shall be signed
as provided in this Section 10.18.
Warrant shall be prepared in the Finance Department and provided to the
department head for signing.
2) Upon preparation of
such warrant by the Finance Department, the department head signing the
disbursement warrant request shall keep one (1) copy for filing in such
3) The original and all
other copies of such warrant shall be returned to the Director for such
Director’s signature as a co-signer and filing and mailing from the Finance
4) A duplicate copy of
all disbursement warrants, with all original invoices and other supporting
documents attached thereto, shall be kept on file in the office of the Director.
lieu of each department, agency or official signing disbursement warrants, the
departments may authorize the Director to use a signature plate in accordance
with Tennessee law and approval by the comptroller of the treasury.
2) If such signature
plate is used, it shall be locked in a safe place when not in use and supervised
by the Director for its safe keeping when in use.
3) A record shall be
maintained indicating when the signature plate is used, number of the warrants
signed, and the person using such plate.
a) The Committee shall
maintain a special county payroll account at a bank, in which disbursement
warrants for the total of each payroll shall be deposited and against which
individual net earning checks may be issued to each of the county employees.
b) The Committee may
authorize the issuance of such payroll checks or equivalent direct deposits on
the signature of the Director and, in such event, the depository bank shall be
Director as Supervisor of Purchasing
Director, or a deputy appointed by Director, shall serve as the county
purchasing agent and shall assist the Committee in developing policies and
procedures for implementing an economical and efficient purchasing system.
financial oversight of the following shall be the responsibility of the
1) The contract,
purchase, or any obligation of the county for supplies, material, equipment,
contractual services, rental of machinery, buildings, or equipment, transfer of
materials, supplies, and equipment between county offices or agencies;
2) Contracts for
building construction and the purchase of land;
3) Public sale of all
surplus materials, equipment, buildings, and land; and
4) Any other created
obligation of the county.
Upon the recommendation of the Committee and approval of the Commission
or as authorized by the Commission, a separate Purchasing Department may be
established with a person hired as purchasing agent for the County.
In the event that a separate Purchasing Department is established, and a
purchasing agent is hired, all duties and responsibilities relative to
purchasing shall be removed from the Director.
The Committee, with the assistance of the purchasing agent, shall
establish a purchasing system for the county.
Such system shall provide, among other procedures, the following:
Review of all contracts or purchases for biddable supplies, materials,
equipment, and other needs of the county shall be made by the purchasing agent;
No purchase or contract shall be made when the bid prices exceed the
current market price for the same merchandise or service;
Purchases and contracts shall be awarded based on the lowest and/or best
Development of specifications shall be made by the department, agency or
official that is to receive the merchandise, construction or service.
Purchase of products by the purchasing agent, who shall:
Review specifications and changes to allow for maximum competition of
Prepare formal and informal bids;
Collect sealed bids;
Open bids through a procedure open to the public;
Evaluate, compare and submit bids to the Committee for approval;
Issue purchase orders and contracts and verify the receipt of the
merchandise or service.
Emergency purchases, total cost bidding, blanket purchases for small
orders, grouping of purchases of the various departments, and other methods for
receiving the most competitive price and best bid.
Emergency purchases shall be limited to needs arising that are not
The Director shall:
Accept requisitions by the department, agency or official, and, if such
supplies are not currently on hand, transmit such requisition to the purchasing
Verify budget appropriations before authorizing a purchase;
Approve invoices for payment; and
Pay invoices and obligations of the county as provided within.
a) The Committee shall
authorize the dollar limitation when formal competitive bids are required, but
not to exceed the amount as authorized by state law for the highway and
education departments, or such other amounts as established by law.
b) Subject to the
policies and regulations of the Committee, “biddable items” means any need
of the county where more than one (1) bidder or contractor in the county’s
trade area can provide the material or service.
Specifications shall not be written to exclude vendors and contractors or
to limit the bidding to a specific vendor or contractor.
c) The County shall be
liable for the payment of all purchases of supplies, materials, equipment, and
contractual services made in accordance with the provisions of this Article, but
shall not be liable for the payment of such purchase made contrary to the
provisions of this Article unless such item is specifically approved by the
Conflicts of Interest
The Director, purchasing agent, Committee members, Commission members, or
other officials, employees, or members of the board of education shall not be
financially interested or have any personal beneficial interest, either directly
or indirectly, on the purchase of any supplies, materials, equipment, or
contractual services for the county.
No firm, corporation, partnership, association or individual furnishing
any such supplies, materials, equipment, or contractual services, shall give or
offer, nor shall the Director or purchasing agent or any assistant or employee
accept or receive directly or indirectly from any person, firm, corporation,
partnership or association to whom any contract may be awarded, by rebate, gift
or otherwise, any money or other things of value whatsoever, or any promise,
obligation or contract for future reward or compensation.
Committee Members - Compensation
Commission shall set compensation based on service and time rendered in
implementing the provisions of this Article for members of any committee created
by this Article.
Notwithstanding any provision of this Article, the head of each
department, agency or office shall have the authority to hire personnel, set
salaries, and determine the needs for its use, but all such action shall be
subject to budget limitations and the availability of funds.
The authority of the Committee, Director, or Purchasing Agent shall be
limited to the provisions of this Article and such policies necessary to
implement the provisions of this Article. They shall not have the authority to
veto the hiring and dismissal of personnel of the various county departments,
agencies, or officials or set salaries or determine the needs of such
Violations - Penalties
provided in T.C.A. § 5-21-125, any official or employee of the county, or of
any institution or agency thereof, who fails or refuses to perform the duties
required by this Article, or who fails or refuses otherwise to conform to the
provisions of this Article, commits a Class C misdemeanor, and is subject to
removal from office or position.
Implementation of System
implementation of this Charter, the Commission shall appoint members of the
Committee at the first meeting of such body.
thirty (30) days after such appointment, the Committee shall meet and start the
process of appointing a Director.
such appointment and confirmation of a Director is fulfilled, the existing
Director will continue to serve.
Committee shall begin the implementation of this Article immediately.
Suspension of Private or Local Acts
creation of the Committee, the operation of all Private Acts or Acts of the
Commission relative to the county finances, budgeting, and purchasing that are
in conflict with this Article are suspended.
addition to any other methods for sales of county-owned property authorized by
this Charter, the sale of county-owned property that has become surplus,
obsolete, or unusable on an Internet auction website may be approved by the
Committee, so long as authorized in accordance with Section 5.02(c) of this
This section shall not prohibit special elections that are called by the
State or Federal Government.
Primary Election Required
Date of Primary
In years in which a
Presidential Preference Primary is to be held in the State of
Any person deciding
to submit his name to the voters in an election shall submit the qualifying
petition in compliance with
Notice of Election and Other Provisions
All voters shall have
the right to cast write-in ballots, as provided by law. The
Election Commission shall give public notice of the election and employ
officials to hold the election as provided by law.
Notice of Election and Other Provisions
If for any reason,
such as natural disasters or other causes, regular elections are delayed, all
pension/retirement system, as it existed prior to the adoption of this Charter,
shall be continued as specified in
(13.01) Repeal of
This Charter shall, as far as the Constitution of the State of
Tennessee permits, occupy the entire field of self-government for Greene County,
Tennessee, and all laws relating to or affecting this County or its agencies,
officials, employees, public acts of local application, ordinances, resolutions,
orders, and regulations which are in force when this Charter becomes fully
effective, are repealed to the extent that they are inconsistent with, or
interfere with, the effective operation of this Charter or of any ordinances or
resolutions adopted by the Commission under the provisions of this Charter.
Charter shall be proposed and adopted according to the provisions of T.C.A. §
(13.03) Effective date
ratification, this Charter shall become effective on September 01, 2018.
Amendments to Charter Prior to
All amendments proposed in accordance with Section 3.06 of this Charter,
and ratified by a majority vote of the citizens of
(13.05) Delivery of
For any County Government department, office, agency or commission
whose functions, powers, or duties are assigned or transferred by this Charter,
or by future ordinance passed pursuant to this Charter, the head of said entity
shall deliver up all of the reassigned or transferred property to the new entity
so assigned and transferred.
(13.06) Resolutions and
To the extent they are not inconsistent with the provisions of this
Charter, all resolutions, orders, regulations, and directives of the former
(13.07) Pending Matters
To the extent they are not inconsistent with the provisions of this
Charter, all matters pending before, or under consideration by, the Commission
at the time this Charter takes effect may be acted upon and disposed of as if
they had originated and had been introduced under this Charter.
Legal, and Other On-Going Proceedings
a) The following
on-going proceedings shall in no way be affected by the adoption of this
1) all judicial
proceedings of any kind or character,
2) all condemnation
proceedings for the taking or damaging of private property for public use,
3) all proceedings
to incur debt and issue bonds that have begun or are pending at the time this
Charter is certified by the Election Commission,
4) all contracts for
the doing of any kind of public work that are not completed or performed at the
time this Charter is certified by the Election Commission, and
5) all contracts or
bids for the purchase or sale of property entered into prior to the time this
Charter takes effect but not consummated at such time.
b) For any
proceeding, such as those mentioned above, which shall come before County
Government after certification by the Election Commission of the adoption of
this Charter, but prior to its implementation in September 1, 2018, any
contract, bid, bond negotiation, labor negotiation, insurance negotiation, or
capital improvement project shall be subject to re-negotiation or
re-ratification if such does not comply with the provisions and intent of this
(13.09) Rights and
All rights of action, contracts, obligations, titles, fines,
penalties, forfeitures, and fees, accrued to or in favor of County Government,
or against County Government, before this Charter goes into effect, shall remain
in existence and in full force and effect. All
recognizances, contracts, and obligations lawfully entered into or executed by
or to the county, and the lien thereof, all taxes due or owing to
(13.10) Elected and
All officers elected or appointed for definite terms prior to the
effective date of this Charter shall continue to hold office, unless lawfully
removed, until their respective successors are duly elected or appointed and
The districts from which the Commissioners shall be elected in
August 2018 shall be the same as the districts existing in August 2014.
The act of adopting this Charter shall not be deemed to affect the salary
or compensation of any County official which was elected or appointed prior to
the implementation of this Charter.
Notwithstanding subsection (a) above, nothing in this Charter shall be
deemed to prevent the subsequent raising or lowering of salaries or compensation
of any elected or appointed county official, whether by ordinance or resolution
of the Commission, or by Charter amendment, referendum, or initiative by the
procedure for selecting depositories or custodial institutions for
The initial funding of
the Contingency Fund may be spread over the first six (6) years after the
ratification of this Charter.
private acts of the General Assembly of Tennessee which affect County Government
and which are in effect on the effective date of this Charter shall, to the
extent not inconsistent with this Charter, be deemed ordinances of County
Government, and shall remain in effect until and unless repealed or amended by
Mayor is designated as the officer in charge of all phases of the transition
period, subject only to the oversight and supervision of the Commission.
The transition period shall begin on the date of the Election
Commission’s certification of the adoption of the Charter and shall extend
thereafter until such time as the Commission certifies that the transition is
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