Tennessee § 8-10-109 - Common law power reserved in certain counties.

§ 8-10-109. Common law power reserved in certain counties.

Every constable, so elected and sworn, in those counties set out in § 8-10-108(b), including counties added to § 8-10-108(b) at any time subsequent to 1969, is a conservator of the peace and vested with all the power and authority belonging to the office of constable by common law. Notwithstanding any other law to the contrary, a county legislative body may, by adopting a resolution by a two-thirds (2/3) vote at two (2) consecutive meetings of the county legislative body, remove any law enforcement powers exercised by the constables of the county. Except as provided in subdivision (b)(1)(C), any such action by the county legislative body to remove such law enforcement powers shall apply to constables elected for terms of office following the expiration of the term of office of constables in office at the time such action is taken by the county legislative body. If during a constable's term of office, a constable is convicted of any felony or is removed from office under § 8-47-101 for knowingly or willfully committing misconduct in office, then with respect to such constable, the action of the county legislative body for removal of law enforcement powers shall become effective on the date such constable is removed from office or the date of the felony conviction; provided, however, that if the felony conviction is overturned and there is additional time remaining on the term of office for which the constable was elected, the law enforcement powers shall be restored to such constable until the end of such term of office. This subsection (b) does not apply in counties having a population of: not less than nor more than 13,625 13,675 30,500 30,800 31,200 31,300 67,600 67,900 73,500 73,900 85,800 86,100 according to the 1990 federal census or any subsequent federal census. Code 1858, § 390 (deriv. Acts 1741, ch. 5, § 3); Shan., § 481; Code 1932, § 728; Acts 1969, ch. 160, § 2; 1969, ch. 319, §§ 1, 4; 1973, ch. 382, § 2; T.C.A. (orig. ed.), § 8-1009; Acts 1997, ch. 344, §§ 5-7, 9, 10; 2009, ch. 230, § 2; 2009, ch. 515, § 2; 2011, ch. 481, § 2. Compiler's Notes. For table of U.S. decennial populations of Tennessee counties, see Volume 13 and its supplement. Cross-References. Execution of process from other counties, § 8-8-202 . Judgment before justice on motion for misfeasance in office, § 16-15-733 . Motion for summary judgment against constable, §§ 25-3-101 — 25-3-105 . Attorney General Opinions. Overton County counstable not conservator of the peace, OAG 99-038, 1999 Tenn. AG LEXIS 61 (2/24/99). Authority of constables without law enforcement powers, OAG 99-038, 1999 Tenn. AG LEXIS 61 (2/24/99). Law enforcement powers of Bradley County constables, OAG 99-129, 1999 Tenn. AG LEXIS 124 (6/29/99). County constables are conservators of the peace within the meaning of T.C.A. § 8-10-109 , OAG 02-116, 2002 Tenn. AG LEXIS 121 (10/18/02). In counties where the county commission may remove constables’ law enforcement powers under T.C.A. § 8-10-109(b)(1) , a court would probably conclude that the offices of county commissioner and constable are incompatible under the common law, OAG 08-177, 2008 Tenn. AG LEXIS 226 (11/20/08).