Tennessee § 41-22-406 - Powers and duties of board.

§ 41-22-406. Powers and duties of board.

The board has such powers as are necessary to effectively carry out its mission as defined in § 41-22-403. It is the intent of the general assembly that the board should be as free as is possible to operate its facilities and to pursue its mission with the principles of free enterprise. Notwithstanding any law to the contrary, the board, in consultation with the commissioner of human resources, may adopt policies governing supplemental pay plans. These plans shall reward performance of the employees of TRICOR and relate to the unique responsibilities of TRICOR. Any compensation awarded under this section shall not be considered as an addition to base pay and is further limited to the period outlined in the approved policy. Supplemental pay policies shall ensure that funds are distributed in a fair manner without bias on account of race, color, sex, age, national origin or political affiliation. The supplemental pay policies shall be based on measurable criteria to reward performance. Pay plans shall be consistent with the mission of TRICOR and shall emphasize safety and security in the workplace. The guidelines and criteria for receiving supplemental pay shall be developed in the best interest of all TRICOR employees and the criteria shall be clearly communicated with all affected employees. Employee input will be considered in the development process. The state and local government committee of the senate and the committee of the house of representatives having oversight over corrections shall review any proposed supplemental pay plan and shall make comments to the commissioner of human resources prior to its implementation. Any comment shall be made within thirty (30) days after receipt by the committee of the proposed supplemental pay plan. Notwithstanding any law to the contrary, the board has the authority to cause to be purchased and to develop the method for purchasing raw materials, supplies, services, not to include ongoing personnel, and equipment necessary for the production and timely delivery of TRICOR products. Notwithstanding title 12, chapter 7, part 1, or any other law to the contrary, the TRICOR board shall have the authority to authorize the preparation and use of publications for the marketing and public education needs of TRICOR products and services in order to effectively carry out its mission. Notwithstanding any law to the contrary, it is the responsibility of the board to develop policies and procedures to ensure, to the extent practicable, that purchases made on behalf of TRICOR are at the lowest possible price, while at the same time ensuring quality and timely delivery. The TRICOR board of directors shall file the policies and procedures with the procurement commission for the commission's review and approval. The board has the authority to purchase supplies, services and equipment through the procurement office and is encouraged to exercise the option to purchase through the office under title 12, chapter 3, in circumstances that are advantageous for the timely delivery of low cost, quality products. Acts 1994, ch. 737, § 1; 1995, ch. 75, § 1; 1999, ch. 300, § 1; 2003, ch. 187, §§ 16, 17; 2006, ch. 750, § 2; 2007, ch. 60, 2008, ch. 721, § 1; 2011, ch. 295, § 15(a)-(c), 19; 2011, ch. 410, § 2(j); 2013, ch. 236, § 64; 2014, ch. 755, §§ 2, 3; 2019, ch. 345, § 69. Compiler's Notes. Former part 4, §§ 41-22-401 — 41-22-407 (Acts 1980, ch. 797, §§ 1-7; T.C.A. §§ 41-2601 — 41-2607; Acts 1990, ch. 772, § 1, § 2) concerning the correctional enterprises board, was repealed by Acts 1994, ch. 737, § 1, effective July 1, 1994. Acts 2006, ch. 750, § 5 provided that no expenditure of public funds pursuant to the act shall be made in violation of Title VI of the Civil Rights Act of 1964, as codified in 42 U.S.C. § 2000 d and Title VII of the Civil Rights Act of 1964, as codified in 42 U.S.C. § 2000 e. For the Preamble to the act concerning the prohibition against establishment of a special committee if there is a standing committee on the same subject, please refer to Acts 2011, ch. 410. Pursuant to Acts 2007, ch. 60, references to the department of personnel were changed to the department of human resources, effective April 24, 2007. Pursuant to Article III, Section 18 of the Constitution of Tennessee, Acts 2014, ch. 755 took effect on April 21, 2014. Amendments. The 2019 amendment substituted “committee of the house of representatives having oversight over corrections” for “state government committee of the house of representatives” in (a)(1)(E). Effective Dates. Acts 2019, ch. 345, § 148. May 10, 2019.