Tennessee § 54-7-104 - Tennessee highway officials certification board.

§ 54-7-104. Tennessee highway officials certification board.

There is created and established the Tennessee highway officials certification board, referred to as the “board,” which shall be composed of five (5) members as follows: One (1) member appointed by the secretary of state; One (1) member appointed by the director of the Tennessee Chapter of the American Public Works Association; One (1) member appointed by the governor from a list of nominees submitted by the representative professional engineering society of the state; One (1) member appointed by the comptroller of the treasury; and One (1) member appointed by the executive director of the Tennessee County Services Association. The board has and shall exercise the power to review the qualifications of all candidates for both elected and appointed positions as chief administrative officer of the highway department. Candidates for this office in counties where the position is filled by popular election shall file affidavits and other evidence the board requires with the board not later than fourteen (14) days prior to the qualifying deadline for candidates in the election. After review of the applicable qualifications and standards, the board shall certify to the coordinator of elections that a candidate's qualifications are acceptable prior to the candidate's name being placed on the ballot. The coordinator of elections shall forward the certification to the appropriate county election commission. A certificate of qualification from the board shall be filed with the candidate's qualifying petition prior to the qualifying deadline. Notwithstanding any law to the contrary, votes for write-in candidates, whether in a primary or general election, shall only be counted for an individual who has been certified by the board prior to the date of the election. Persons wishing to receive a party nomination or to be elected by write-in ballot must file with the board affidavits and other evidence the board requires not later than sixty-four (64) days prior to the election. Candidates for chief administrative officer of the highway department in counties where the position is appointed shall, prior to their appointment to the office, file with the board evidence satisfactorily demonstrating that they meet the qualifications to hold the office. However, in any county, pursuant to subsection (h), that has established by private act more stringent qualifications and standards than those set forth in subsection (g), and that has an appointed chief administrative officer, candidates shall submit evidence of their qualifications to the local appointing authority and shall not be required to submit evidence of their qualifications to the board. Members of the board shall serve for a term of four (4) years beginning with the term commencing on July 1, 2013. The appointee representing the secretary of state shall serve as chair of the board. Upon the death, resignation, or removal of any appointive member, a replacement shall be appointed by the party representing the same area of interest as the member whose position has been vacated to fill the unexpired term of the member. No chief administrative officer of a highway department shall be appointed to the board if that person may become subject to reelection or reappointment as a chief administrative officer during that person's term of service on the board. The board shall only meet as is necessary to fulfill its duties. All materials or correspondence submitted to the board shall be received through the office of the coordinator of elections, who shall forward the materials or correspondence to the board. The board shall keep complete and accurate records of the proceedings of all its meetings. A copy of records of all proceedings shall be kept on file in the office of the coordinator of elections and open to public inspection. Subject to the approval of the secretary of state, the board may promulgate rules to be followed by persons wishing to submit themselves for certification as qualified to seek the office of the chief administrative officer of the highway department. The board shall submit any promulgated rules pertaining to the qualifications for the office of chief administrative officer to the administrator of elections of each affected county election commission. The county election commission shall publish such rules in a local newspaper with general circulation in the county at least sixty (60) days before the qualifying deadline for either the primary or general election, or appointment by the legislative body of the county. In each county, in order to qualify for the office of the chief administrative officer of the highway department, a person shall: Be a graduate of an accredited school of engineering, with at least two (2) years of experience in highway construction or maintenance; Be licensed to practice engineering in Tennessee; or Have had at least four (4) years' experience in a supervisory capacity in highway construction or maintenance; or a combination of education and experience equivalent to subdivision (g)(1) or (g)(2), as evidenced by affidavits filed with the board. In no event shall the chief administrative officer have less than a high school education or a general equivalency diploma (GED). A county may, by private act, require more stringent qualifications and standards than those set forth in subsection (g) for persons to qualify for the office of the chief administrative officer of such highway department. Any county that establishes more stringent qualifications and standards by private act shall send a copy of such private act to the board. Incumbent chief administrative officers in office on December 31, 2012, who have met the qualifications for the office of chief administrative officer applicable to them in effect at the time of their last election shall be able to succeed themselves in office without meeting the qualifications set forth in this section for as long as such incumbents continuously hold office. If such incumbent leaves office for any reason and then subsequently is elected or appointed to the office of chief administrative officer, such incumbent shall then be subject to the qualifications set forth in this section. Satisfactory evidence of graduation from an accredited school of engineering shall be in the form of a diploma, transcript or other official documentation. Evidence of a candidate's engineering licensure shall only be deemed to be satisfied if the candidate can provide the board with a copy of the candidate's engineering license, including the candidate's license number. Any provision in this section requiring a chief administrative officer to have a high school diploma or GED shall only be deemed to be satisfied if the candidate can demonstrate that the candidate has obtained a high school diploma or its equivalent in educational training as recognized by the state board of education by providing the board with the candidate's diploma, GED certificate or other official documentation. A person may challenge whether a candidate has the required qualifications for chief administrative officer of the highway department, as identified in subsection (g); provided, that the challenge is filed in writing with the Tennessee highway officials certification board no later than twelve o'clock (12:00) noon, prevailing time, on the third day after the qualifying deadline, as determined under § 2-5-101(a) in counties where the position is filled by popular election. In counties where the position is appointed, the challenge must be filed by a deadline established by the local appointing authority. If a candidate's qualifications are challenged pursuant to subsection (k), the Tennessee highway officials certification board shall: Notify the candidate of the challenge; Review and verify the candidate's required qualifications, identified in subsection (g); Review and verify the candidate's required qualifications and standards under a county's private act, if applicable, pursuant to subsection (h); and If the Tennessee highway officials certification board determines the candidate does not possess the required qualifications for chief administrative officer of the highway department: Disqualify the candidate; In counties where the position is filled by popular election, notify the candidate and county election commission of its determination no later than twelve o'clock (12:00) noon, prevailing time, on the seventh day after the qualifying deadline, as determined under § 2-5-101(a); or In counties where the position is appointed, notify the candidate and local appointing authority of its determination prior to the appointment to office; and Request that the county election commission: Not print the candidate's name on any ballot; and Remove the candidate's name from any printed ballot. Acts 1974, ch. 738, § 3; 1976, ch. 583, § 1; 1976, ch. 728, § 1; 1977, ch. 193, § 2; impl. am. Acts 1978, ch. 934, §§ 7, 36; Acts 1979, ch. 127, § 1; T.C.A., § 54-1004; Acts 1982, ch. 550, § 1; 1982, ch. 636, § 1; 1982, ch. 687, §§ 1, 2; 1983, ch. 39, § 1; 1983, ch. 113, § 1; 1983, ch. 360, § 1; 1986, ch. 695, § 1; 1987, ch. 61, § 1; 1987, ch. 340, § 1; 1989, ch. 77, §§ 1, 2; 1990, ch. 811, § 1; 1990, ch. 1015, §§ 1, 2; 1991, ch. 416, § 1; 1991, ch. 494, § 1; 1992, ch. 705, § 1; 1992, ch. 741, § 1; 1995, ch. 138, §§ 1, 2; 1997, ch. 205, §§ 1-7; 1998, ch. 653, § 1; 1999, ch. 67, § 1; 2001, ch. 193, §§ 1-3; 2012, ch. 689, § 2; 2016, ch. 604, § 1. Amendments. The 2012 amendment, effective January 1, 2013, rewrote the section which read: “(a)(1) Subject to subdivision (a)(7), there is created and established the Tennessee highway officials certification board, referred to as the ‘board,’ which shall be composed of five (5) members as follows:“(A) One (1) member appointed by the secretary of state;“(B) One (1) member appointed by the director of the Tennessee chapter of the American Public Works Association;“(C) One (1) member appointed by the governor from a list of nominees submitted by the representative professional engineering society of the state;“(D) One (1) member appointed by the comptroller of the treasury; and“(E) One (1) member appointed by the executive director of the Tennessee county services association.“(2) The board has and shall exercise the power to review the qualifications of all candidates for both elected and appointed positions as chief administrative officer of the county or metropolitan government departments that build and maintain the roads of the county. Candidates for this office in counties where the position is filled by popular election shall file affidavits and other evidence the board requires with the board not later than fourteen (14) days prior to the qualifying deadline for candidates in the election. After review of the qualifications and the standards required for that county, the board shall certify to the coordinator of elections, who shall forward the certification to the appropriate county election commission, that a candidate's qualifications are acceptable prior to the candidate's name being placed on the ballot. A certificate of qualification from the board shall be filed with the candidate's qualifying petition prior to the qualifying deadline. Candidates for this office in the counties where the position is appointed shall also file evidence satisfactorily demonstrating that they meet the qualifications to hold the office with the board prior to appointment to the office.“(3) Members of the board shall serve for a term of two (2) years. The appointee representing the secretary of state shall serve as the chair of the board. Upon the death, resignation, or removal of any appointive member, a replacement shall be appointed by the party representing the same area of interest as the member whose position has been vacated to fill the unexpired term of the member. The terms of the members of the board shall begin on July 1, 1997.“(4) No chief administrative officer of a county or metropolitan highway department shall be appointed to the board if that person may become subject to reelection or reappointment as a chief administrative officer during that person's term of service on the board.“(5) The board shall only meet as is necessary to fulfill its duties. All materials or correspondence submitted to the board shall be received through the office of the coordinator of elections, who shall forward the materials or correspondence to the board. The board shall keep complete and accurate records of the proceedings of all its meetings, a copy of which shall be kept on file in the office of the coordinator of elections and open to public inspection.“(6) Subject to the approval of the secretary of state, the board may promulgate rules to be followed by persons wishing to submit themselves for certification as qualified to seek the office of the chief administrative officer of the county or metropolitan highway department. The board shall submit any promulgated rules pertaining to the qualifications for the office of chief administrative officer to the administrator of elections of each affected county election commission who shall publish the rules in a local newspaper with general circulation in the county at least sixty (60) days before the qualifying deadline for either the primary or general election, or appointment by the legislative body of the county.“(7) This subsection (a) and subdivision (b)(1)(A) shall not apply:“(A) In counties having a metropolitan form of government and a population in excess of one hundred thousand (100,000), according to the 1990 federal census or any subsequent federal census; or“(B) In counties having populations, according to the 1990 federal census or any subsequent federal census, of:not less than nor more than 67,600 67,90080,000 83,000“(b)(1)(A) Except as provided in subdivisions (b)(1)(B) and (C), in each county of the state, in order to qualify for the office of the chief administrative officer of the county or metropolitan government departments that build and maintain the roads of the county, a person shall be a graduate of an accredited school of engineering, with at least two (2) years of experience in highway construction or maintenance or be licensed to practice engineering in Tennessee; or shall have had at least four (4) years' experience in a supervisory capacity in highway construction or maintenance; or a combination of education and experience equivalent to either of the above, as evidenced by affidavits filed with the Tennessee highway officials certification board. In no event shall the chief administrative officer have less than a high school education or a general equivalency diploma (GED).“(B)(i) This subsection (b) shall not apply to any chief administrative officer incumbent in office on April 5, 1974, or to any candidate for the office qualifying for or being elected to the office in 1974.“(ii) This subsection (b) shall not apply to chief administrative officers incumbent in office on February 6, 1976, in counties having a population of not less than fifty-six thousand two hundred (56,200) nor more than fifty-six thousand three hundred (56,300), according to the 1970 federal census or any subsequent federal census; furthermore, these incumbent officers may succeed themselves in office.“(iii) This subsection (b) shall not apply in counties having a population, according to the 1990 federal census or any subsequent federal census of:not less than nor more than 6,700 6,9509,275 9,40027,500 27,750“(C)(i) Subdivision (b)(1)(C)(ii) shall apply:“(a ) In counties having a metropolitan form of government and a population in excess of one hundred thousand (100,000), according to the 1990 federal census or any subsequent federal census; or“(b ) In counties having populations, according to the 1990 federal census or any subsequent federal census, ofnot less than nor more than 67,600 67,90080,000 83,000“(ii) In each county of the state, in order to qualify for the office of the chief administrative officer of the county or metropolitan government departments that build and maintain the roads of the county, a person shall be a graduate of an accredited school of engineering, with at least two (2) years of experience in highway construction or maintenance or be licensed to practice engineering in Tennessee; or shall have had at least four (4) years of experience in a supervisory capacity in highway construction or maintenance; or a combination of education and experience equivalent to either of the above, as evidenced by affidavits filed with the appointing authority or with the state coordinator of elections, when the chief administrator is an elected official. In no event shall the chief administrative officer have less than a high school education or a GED. In the case of elected officials, candidates shall file affidavits and other evidence the state coordinator of elections may require with the state coordinator of elections not later than fourteen (14) days prior to the qualifying deadline for candidates in the election. The state coordinator of elections shall certify to the county election commission that a candidate's qualifications are acceptable prior to the candidate's name being placed on the ballot, and the certificate of qualification shall be filed with a candidate's qualifying petition prior to the qualifying deadline. Subject to approval by the secretary of state, the state coordinator of elections may promulgate rules to be followed by persons wishing to submit themselves for certification as qualified to seek the office of chief administrative officer of the county highway department.“(2) The sole educational or experience qualification for the office of the chief administrative officer of the county or metropolitan government departments that build and maintain the roads of a county shall be a high school education or GED in counties having the following populations, according to the 1970 federal census or any subsequent federal census:not less than nor more than 6,500 6,70012,350 12,400“(3) This subsection (b) shall not apply in any county having a population of not less than eight thousand six hundred fifty (8,650) nor more than eight thousand seven hundred fifty (8,750), according to the 1980 federal census or any subsequent federal census. In that county the qualifications for the chief administrative officer shall be at least four (4) years of experience in a supervisory capacity in highway construction or maintenance.“(4) This subsection (b) shall not apply to any county having a population of not less than fifteen thousand six hundred seventy-five (15,675) nor more than fifteen thousand seven hundred seventy-five (15,775), according to the 1980 federal census or any subsequent federal census.“(5) In any county having a population of not less than forty-four thousand five hundred (44,500) and not more than forty-five thousand (45,000), according to the 1990 federal census or any subsequent federal census, the sole educational or experience qualification for the office of chief administrative officer of the county or metropolitan government departments that build and maintain the roads of the county shall be a high school education or GED.“(6) In any county having a population of not less than twenty-six thousand one hundred (26,100) nor more than twenty-six thousand four hundred (26,400), according to the 1990 federal census or any subsequent federal census, if only one (1) candidate meeting the minimum qualifications in subdivision (a)(1) for chief administrative officer has filed to qualify for election to the office prior to the qualifying deadline or the only qualified candidate legally withdraws, then the county election commission shall extend the qualifying deadline for ten (10) days. During the ten-day period, a candidate who meets the minimum requirements of a high school education or a GED may qualify for election to the office of chief administrative officer of the county department that builds and maintains the roads of that county.“(7) In any county having a population of not less than thirty-seven thousand one hundred (37,100) nor more than thirty-seven thousand four hundred (37,400), according to the 2000 federal census or any subsequent federal census, the sole educational and experience qualification for the office of the chief administrative officer of the county department that builds and maintains roads of the county shall be a high school education or GED.“(c) Incumbent chief administrative officers on April 5, 1974, shall be able to succeed themselves in office without limitation as to the number of terms.“(d) Any provision in this section requiring a chief administrative officer to have a high school diploma or GED shall only be deemed to be satisfied if the candidate for office can demonstrate that the candidate has obtained a high school diploma or its equivalent in educational training as recognized by the state board of education.” The 2016 amendment added (k) and (l ). Effective Dates. Acts 2012, ch. 689, § 11. January 1, 2013. Acts 2016, ch. 604, § 3. July 1, 2016.