Tennessee § 5-6-106 - Powers and duties — Generally — Ex officio memberships — Appointments.

§ 5-6-106. Powers and duties — Generally — Ex officio memberships — Appointments.

The county mayor shall be the chief executive officer of the county and shall have all the powers and duties formerly exercised by the county judge, county chair, or elected official exercising general supervision of the county government as provided by this chapter, other general law, special, local or private acts. The county mayor shall serve as a nonvoting ex officio member of the county legislative body. The county mayor or the county mayor's designated representative shall serve as a nonvoting ex officio member of each committee of the county legislative body and of each board, commission or authority of the county government, except as provided by law or by action of the county legislative body. In those circumstances not addressed by subdivision (b)(1), the county mayor may designate, from time to time, a professional staff member with appropriate training or a member of the county legislative body to sit in the county mayor's place on any board, authority or commission that the county mayor serves upon by virtue of holding the office of county mayor. Any such designee shall have the powers, including the power to vote, as are otherwise conferred upon the county mayor when serving upon such board, authority or commission. At any such meeting attended by the county mayor, only the county mayor shall exercise voting power. Except as otherwise provided by general law, or special or private act, the county mayor shall appoint members of county boards and commissions and county department heads. Such appointees shall be subject to confirmation by the county legislative body, and in so doing, the legislative body may express its views fully and freely and shall vote for or against confirmation. The legislative body shall not seek or interview such prospective employees prior to their appointment by the county mayor. Such appointment and confirmation are not applicable to employees appointed by other elected county officials. Acts 1978, ch. 934, § 17; 1979, ch. 80, § 1; T.C.A., § 5-606; Acts 1985, ch. 145, § 1; 2003, ch. 90, § 2. Compiler's Notes. Acts 2003, ch. 90, § 2, directed the code commission to change all references from “county executive” to “county mayor” and to include all such changes in supplements and replacement volumes for the Tennessee Code Annotated. Cross-References. Authority to solemnize marriages, § 36-3-301 . Option to redesignate county mayor as county executive by private act, § 5-6-101 . Textbooks. Pritchard on Wills and Administration of Estates (4th ed., Phillips and Robinson), § 37. Tennessee Jurisprudence, 8 Tenn. Juris., Counties, § 12. Law Reviews. The Tennessee Court System — Probate Courts, 8 Mem. St. U.L. Rev. 461 (1978). Attorney General Opinions. Appointment of county officials, OAG 97-068, 1997 Tenn. AG LEXIS 67 (5/12/97). Appointment of emergency communication district board of directors, OAG 94-024, 1994 Tenn. AG LEXIS 19 (3/9/94). Authority of county executive (now county mayor) over county finance office, OAG 99-032, 1999 Tenn. AG LEXIS 19 (2/18/99). Lewis County highway advisory commission. OAG 12-74, 2012 Tenn. AG LEXIS 79 (7/19/12). Where county commission has hired an employee in the valid exercise of its authority, a county mayor may not unilaterally terminate that employee unless expressly authorized. Nor may a county mayor defund or abolish an entire county department without the approval of the county commission. OAG 14-28, 2014 Tenn. AG LEXIS 29 (3/7/14).