Tennessee § 5-21-126 - Adoption of system.

§ 5-21-126. Adoption of system.

This chapter shall be local in effect and shall become effective in a particular county upon a two-thirds (2/3) majority vote of the county legislative body adopting this chapter, or upon a majority of the voters casting votes in any election held for the purpose of approving this chapter. The procedure for elections held for the purpose of approving this chapter shall be that the county election commission shall call and conduct an election on the question pursuant to § 2-3-204 after receiving a petition signed by ten percent (10%) of the qualified voters of the county, stating that they favor this law and requesting that an election be held in the county on the subject, the number of qualified voters in the county being deemed to be the total number of votes cast for all candidates for governor in the last general election; or upon a resolution of the county legislative body, duly certified to the election commission, requesting such an election. In such an election, the propositions to be voted upon shall be stated on the ballot on separate lines in the following manner: “For the county financial management system” and “Against the county financial management system.” This chapter shall not apply in any county having a population of not less than two hundred seventy-six thousand (276,000) nor more than two hundred seventy-seven thousand (277,000), according to the 1970 federal census or any subsequent federal census. Acts 1981, ch. 325, §§ 26, 31; 1998, ch. 618, § 4. Compiler's Notes. For table of U.S. decennial populations of Tennessee counties, see Volume 13 and its supplement. Attorney General Opinions. Constitutionality and application to Blount County, OAG 88-202, 1988 Tenn. AG LEXIS 203 (12/2/88). The vote by a county commission to adopt the County Financial Management System of 1981 was insufficient where the commission had 16 members, 14 members were present, and 10 members voted to adopt the act; an affirmative vote of two-thirds of the entire authorized membership of the commission was required and, therefore, the affirmative vote of eleven members was required, OAG 00-180, 2000 Tenn. AG LEXIS 183 (11/22/00). A county commissioner who was a bookkeeper for the county board of education did not have a conflict of interest that required the commissioner to abstain from a vote regarding the adoption of the County Financial Management System of 1981, OAG 00-180, 2000 Tenn. AG LEXIS 183 (11/22/00).