Tennessee § 2-19-201 - Part definitions.

§ 2-19-201. Part definitions.

As used in this part, unless the context otherwise requires: “Election” includes all elections, local, municipal, primary, general, state, federal and special and any election in the state or any county, municipality or other political subdivision thereof, but does not include referenda or issues submitted to a vote of the people, political convention or caucus; “Public funds” and “public lands, offices, buildings, vehicles and facilities” include those owned and supported principally by public money appropriated from the state treasury. “Public lands, offices, buildings, vehicles, and facilities” include those owned and used by a local education agency (LEA); “Public officers and employees” means all employees of the executive branch of the state government, or any department, division, or agency thereof, and all appointed officers and employees of any educational institution, establishment, corporation or agency supported principally by state funds, including teachers. Popularly elected officials, officials elected by the general assembly, qualified candidates for public office, members of the governor's cabinet, and members of the governor's staff are expressly excluded from the provisions of this part, except for the provisions of § 2-19-202; and “Teacher” means any person employed in a public school system as a teacher, helping teacher, teacher's aide, librarian, principal, supervisor, director of schools, or member of the administrative staff. Acts 1972, ch. 740, § 1; T.C.A., § 2-1936; Acts 2015, ch. 239, §§ 1-4. Compiler's Notes. Section 49-1501, referred to in subdivision (3), was repealed by Acts 1972, ch. 814, § 18. Prior to its repeal § 49-1501 defined “teacher” as follows: “‘Teacher’ shall mean any person employed in a public school as a teacher, helping teacher, librarian, principal, or supervisor, and shall include any superintendent of public schools, or administrative officer of a department of education, or of any educational institution supported in whole or in part by and under the control of the state. In all cases of doubt, the board of trustees hereinafter defined shall determine whether any person is a teacher as defined in this chapter.” Amendments. The 2015 amendment added “‘Public lands, offices, buildings, vehicles, and facilities’ include those owned and used by a local education agency (LEA)” at the end of (2); in (3), added “, including teachers” at the end of the first sentence and deleted “teachers, as defined by § 49-1501,” preceding “members of the governor's cabinet”; added the definition of “teacher”; and made related punctuation changes. Effective Dates. Acts 2015, ch. 239, § 8. July 1, 2015. Cross-References. County Sheriff's Civil Service Law, political activity of persons in classified service restricted, § 8-8-419 . Extortion, § 39-14-112 . Attorney General Opinions. Prohibitions on state employees running for public office, OAG 98-030 (1/29/98). Department of children's services employee running for county commission, OAG 05-141 (9/12/05). Employee of a state institution of higher education holding elected office. OAG 14-17, 2014 Tenn. AG LEXIS 18 (2/11/14). State law does not prohibit elected state officials from using state property, including the Executive Residence, for campaign-related activities. Tennessee’s Campaign Financial Disclosure Act would require the disclosure of expenditures incurred for such campaign-related activities on state property if they constitute either a “contribution” or an “expenditure” as defined under the Act. To the extent that the Governor’s non-personal schedule, including events at the Executive Residence, meets the definition of “public record” as set forth in T.C.A. § 10-7503(a)(1)(A), then it is subject to disclosure under Tennessee’s Public Records Act, unless a state law provides otherwise. OAG 16-48, 2016 Tenn. AG LEXIS 47 (12/22/2016).