Tennessee § 38-8-105 - Minimum standards binding on governmental entities — Penalty for violation.

§ 38-8-105. Minimum standards binding on governmental entities — Penalty for violation.

Requirements for minimum standards as set forth in this part or as required by the commission shall be mandatory and binding upon any municipality, county or political subdivision of this state. Any person who appoints any applicant, who, to the knowledge of the appointer, fails to meet the minimum standards as set forth in this part or required by the commission, and any person who signs the warrant or check for the payment of the salary of any person who, to the knowledge of the signer, fails to meet the qualifications as a police officer as provided in this part or required by the commission, commits a Class A misdemeanor, and upon conviction shall be subject to a fine not exceeding one thousand dollars ($1,000). This section shall not apply to any police officer hired by any municipality, county, or political subdivision of this state prior to July 1, 1982. Notwithstanding any citizenship requirement in a private act or charter provision to the contrary, a municipality, county, political subdivision of this state, or state law enforcement agency is authorized to employ a police officer who is a permanent legal resident of the United States and an honorably discharged veteran of the United States armed forces; provided, that the police officer applies for or obtains United States citizenship within six (6) years of the employment start date with the law enforcement agency. Acts 1981, ch. 455, § 5; 1982, ch. 747, §§ 1, 2; 1989, ch. 591, §§ 1, 6; T.C.A., § 38-11-105 ; 2015, ch. 498, § 1. Code Commission Notes. The misdemeanor in this section has been designated as a Class A misdemeanor by authority of § 40-35-110 , which provides that an offense designated a misdemeanor without specification as to category is a Class A misdemeanor. See also § 39-11-114 . Amendments. The 2015 amendment added (d). Effective Dates. Acts 2015, ch. 498, § 3. May 20, 2015. Cross-References. Penalty for Class A misdemeanor, § 40-35-111 . Attorney General Opinions. Applicability to capitol police officers, OAG 84-247 (8/21/84). Neither federal nor state law prohibits the department of safety from hiring a non-citizen as a trooper, and the status of the law was the same in 1998, OAG 05-053 (4/20/05).