Tennessee § 27-9-114 - Proceedings involving certain public employees.

§ 27-9-114. Proceedings involving certain public employees.

Contested case hearings by civil service boards of a county or municipality which affect the employment status of a civil service employee shall be conducted in conformity with contested case procedures under the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, part 3. The provisions of subdivision (a)(1) pertaining to hearings by civil service boards shall not apply to municipal utilities boards or civil service boards of counties organized under a home rule charter form of government. Judicial review of decisions by civil service boards of a county or municipality which affects the employment status of a county or city civil service employee shall be in conformity with the judicial review standards under the Uniform Administrative Procedures Act, § 4-5-322. Petitions for judicial review of decisions by a city or county civil service board affecting the employment status of a civil service employee shall be filed in the chancery court of the county wherein the local civil service board is located. In any appeal pursuant to this section deemed by the court to be frivolous, the sanctions of the Federal Rules of Civil Procedure, Rule 11 may be applied by the chancellors. This section shall not apply to the benefit board of any county having a metropolitan form of government that has a population in excess of five hundred thousand (500,000), or to the benefit board of any county having a population in excess of eight hundred thousand (800,000), both according to the 2000 federal census or any subsequent federal census. This subsection (c) shall have no effect in any county unless it is approved by a resolution adopted by a two-thirds (2/3) vote of the legislative body of any county to which this subsection (c) applies. The approval or nonapproval of this subsection (c) shall be proclaimed by the presiding officer of the legislative body and certified to the secretary of state. Acts 1949, ch. 266, §§ 1, 2; C. Supp. 1950, § 9018.1; T.C.A. (orig. ed.), § 27-914; Acts 1988, ch. 1001, § 1; 1990, ch. 629, § 1; 2008, ch. 757, § 1. Compiler's Notes. Acts 1969, ch. 191, § 1, provided: “That Code Section 27-914 (now § 27-9-114 ), Tennessee Code Annotated, is hereby amended by deleting all of the second sentence in its entirety and inserting in lieu thereof the following: ‘Any such proceeding shall be heard by a judge or chancellor. Upon written demand of the county or municipal employee the proceeding shall be heard by the judge or chancellor de novo with a trial by jury. This section shall supersede and displace provisions of city charters to the contrary. Provided, however, that in those counties that have adopted metropolitan government the review shall be by common law certiorari without a jury. That this bill apply to Knox County only.’” The Code Commission concluded that, since the act is applicable only to Knox County, it is not an act of a general nature. Hence it is not codified. For tables of U.S. decennial populations of Tennessee counties, see Volume 13 and its supplement. Textbooks. Tennessee Jurisprudence, 5 Tenn. Juris., Certiorari, §§ 3, 13; 18 Tenn. Juris., Mandamus, § 5; 19 Tenn. Juris., Municipal Corporations, §§ 68, 69. Law Reviews. Judicial Review and the Uniform Administrative Procedures Act (Toxey H. Sewell), 6 Mem. St. U.L. Rev. 253. Local Government Law — 1954 Tennessee Survey, 7 Vand. L. Rev. 881. Local Government Law — 1959 Tennessee Survey (A. E. Ryman, Jr.), 12 Vand. L. Rev. 1257. The Scope of Judicial Review of Administrative Actions in Tennessee (William H. Ewing, Jr.), 2 Mem. St. U.L. Rev. 144.