Tennessee § 41-22-407 - Executive director of TRICOR.

§ 41-22-407. Executive director of TRICOR.

The board may employ an executive director of TRICOR. The board shall define the duties of the executive director and, within budgetary restrictions, establish the executive director's compensation. The executive director shall serve at the pleasure of the board. The executive director shall have the educational and business background and experience that will qualify the person to understand and evaluate the problems and needs of TRICOR and to direct and manage its activities for the board. Within budgetary limitations and in consultation with the commissioner of human resources, the board, through its executive director, may employ professional and staff employees as may be appropriate for the efficient discharge of its duties to manage and operate TRICOR. Notwithstanding § 8-30-202, the board, in consultation with the commissioner of human resources, shall have the option of declaring certain management positions, unique to the operations under the control of the board, a part of the executive service and under the exclusive control of the board. The board, in consultation with the commissioner of human resources, shall have the option of declaring other positions, unique to the operations under the control of the board, not to be a part of the preferred service and to be under the exclusive control of the board. Upon appointment on or after July 1, 2006, to a position defined by subdivision (d)(3), an employee is subject to a probationary period of employment, as established by the board in consultation with the commissioner of human resources. Upon successful completion of the probationary period, the employee may file a complaint concerning the application of a law, rule, or policy to appeal the dismissal, demotion, or suspension of the employee pursuant to § 8-30-318 and the rules of the department of human resources. This shall apply to all TRICOR employees already working in positions that are subsequently moved from the preferred service into a position defined by subdivision (d)(3) pursuant to this section. This section shall have no application to positions assigned to executive service pursuant to § 8-30-202, or to the positions defined by subdivision (d)(2). Those positions that are not unique to TRICOR and are preferred service shall remain preferred service. Notwithstanding any law to the contrary, the board has the authority to develop procedures for recruiting and hiring qualified personnel, including preferred service, in a timely manner and at salary levels competitive with the free market, in order to ensure the production and timely delivery of low cost, quality products and to assure that the operations of TRICOR are efficiently managed and thus offset the costs of incarceration. The board has the authority to hire staff through the department of human resources and is encouraged to exercise this option when it is consistent with the principles of free enterprise. This subsection (d) shall be implemented notwithstanding any other law to the contrary. Acts 1994, ch. 737, § 1; 2003, ch. 187, §§ 18-20; 2003, ch. 229, § 1; 2006, ch. 750, § 3; 2012, ch. 800, § 49; 2014, ch. 755, §§ 4-8; 2016, ch. 762, §§ 5, 6. Code Commission Notes. In 2014, the Code Commission renumbered the subdivisions of subsection (d) by designating the former introductory paragraph as subdivision (1) and renumbering the remaining subdivisions accordingly. Compiler's Notes. Acts 2012, ch. 800, which rewrote the civil service provisions, substituted “§ 8-30-202 ” for “§ 8-30-208 ” in (d)(2) and for “8-30-208(b)” in (d)(4). 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 the provisions 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. Acts 2012, ch. 800, § 1 provided that the act, which amended subsection (d), shall be known and cited as the “Tennessee Excellence, Accountability, and Management (T.E.A.M.) Act of 2012.” Pursuant to Article III, Section 18 of the Constitution of Tennessee, Acts 2014, ch. 755 took effect on April 21, 2014. Cross-References. Prison work programs, title 41, ch. 22, part 1. Restitution industries, title 41, ch. 6, part 2. Road work by inmates, title 41, ch. 22, part 3. Attorney General Opinions. Liability of TRICOR board members, OAG 06-034, 2006 Tenn. AG LEXIS 38 (2/14/06).