Tennessee § 39-16-406 - Suspension, removal and discharge from office.

§ 39-16-406. Suspension, removal and discharge from office.

A public servant convicted under § 39-16-402, § 39-16-403 or § 39-16-404 shall be removed from office or discharged from the position. A public servant elected or appointed for a specified term shall be: Suspended without pay immediately upon conviction in the trial court through the final disposition of the case; Removed from office for the duration of the term during which the conviction occurred if the conviction becomes final; and Barred from holding any appointed or elected office for ten (10) years from the date the conviction becomes final. A public servant who serves at-will shall be discharged upon conviction in the trial court. Subsequent public service shall rest with the hiring or appointing authority; provided, that the authority has been fully informed of the conviction. Acts 1989, ch. 591, § 1. Sentencing Commission Comments. This section mandates the removal of elected and appointed officials for the duration of the term in which the violation occurred and a ten-year period after conviction, but does not authorize a permanent removal. Compiler's Notes. The sentencing commission terminated June 30, 1995. Sentencing Commission Comments have been retained, but do not reflect 1995 or subsequent legislation. Cross-References. Attorney general and reporter may be proceeded against for misdemeanors in office, § 8-6-107 . Official misconduct, § 39-16-402 . Restoration of rights of citizenship, § 40-29-101 . Textbooks. Tennessee Jurisprudence, 17 Tenn. Juris., Justices of Peace and General Sessions Courts, § 8; 21 Tenn. Juris., Public Officers, §§ 25, 47. Law Reviews. Tennessee Civil Disabilities: A Systemic Approach (Neil P. Cohen), 41 Tenn. L. Rev. 253 (1974).