Tennessee § 5-21-121 - Conflicts of interest.

§ 5-21-121. Conflicts of interest.

The director, purchasing agent, members of the committee, members of the county legislative body, or other officials, employees, or members of the board of education or highway commission shall not be financially interested or have any personal beneficial interest, either directly or indirectly, in the purchase of any supplies, materials, equipment or contractual services for the county. No firm, corporation, partnership, association or individual furnishing any such supplies, materials, equipment or contractual services, shall give or offer nor shall the director or purchasing agent or any assistant or employee accept or receive directly or indirectly from any person, firm, corporation, partnership or association to whom any contract may be awarded, by rebate, gift or otherwise, any money or other things of value whatsoever, or any promise, obligation or contract for future reward or compensation. Acts 1981, ch. 325, § 21; 2012, ch. 640, §§ 1, 2. Attorney General Opinions. The sale of items by the spouse of an employee of the school board to that same school system would give rise to a prohibited conflict of interest, OAG 00-181, 2000 Tenn. AG LEXIS 184 (11/22/00). A member of the county school board is not prohibited by T.C.A. § 5-21-121(a) from contracting with the county sheriff's department to provide counseling services, OAG 02-128, 2002 Tenn. AG LEXIS 133 (11/25/02). T.C.A. § 5-21-121(a) does not prohibit a county employee from also being the county finance director, purchasing agent, member of the county financial management committee, member of the county legislative body, member of the board of education or highway commission, or any other county official, OAG 02-128, 2002 Tenn. AG LEXIS 133 (11/25/02). Except for the narrow exception of a county commissioner in T.C.A. § 12-4-101(c)(1) , a violation of the general conflict of interest statute, T.C.A. § 5-21-121(a) , has no effect on the validity of an official's vote, OAG 02-128, 2002 Tenn. AG LEXIS 133 (11/25/02). This section would not prohibit a member of the county financial management committee from being interested in the employment contract between his or her spouse and the county, but since the statute does not define the term, “personal beneficial interest,” therefore, a member could have a prohibited conflict of interest in a purchase of supplies, materials, or equipment for the finance department where his or her spouse is employed, OAG 05-017, 2005 Tenn. AG LEXIS 17 (2/03/05). Conflict of Interest — Member of County Board of Education. OAG 12-04, 2012 Tenn. AG LEXIS 108 (11/9/12). Same individual serving as county finance director and member of school board. OAG 12-19, 2012 Tenn. AG LEXIS 19 (2/22/12).