Tennessee § 8-20-101 - Application for authority to employ deputies.

§ 8-20-101. Application for authority to employ deputies.

Where any one (1) of the clerks and masters of the chancery courts, the county clerks and the clerks of the probate, criminal, circuit and special courts, county trustees, registers of deeds, and sheriffs cannot properly and efficiently conduct the affairs and transact the business of such person's office by devoting such person's entire working time thereto, such person may employ such deputies and assistants as may be actually necessary to the proper conducting of such person's office in the following manner and under the following conditions, namely: The clerks of the circuit, criminal, and special courts may make application to the judge, or any one (1) of the judges, of their respective courts, in term time or at chambers, by petition duly sworn to, setting forth the facts showing the necessity for a deputy or deputies or assistants, the number required and setting forth the salary that should be paid each; The sheriff may in like manner make application to the judge of the circuit court in the sheriff's county, for deputies and assistants, showing the necessity therefor, the number required and the salary that should be paid each; provided, that in the counties where criminal courts are established, the sheriff may apply to a judge of such criminal court; and The clerks and masters of the chancery courts, county trustees, county clerks and clerks of the probate courts, and registers of deeds may make application to the chancellor, or to one (1) of the chancellors, if there be more than one (1), holding court in their county by sworn petition as above set forth, showing the necessity for a deputy or deputies or assistants, the number required and the salary each should be paid. In the event a petition is filed by a court clerk, the court shall, upon request of any party, transfer the case to a court other than a court the clerk serves. No order increasing expenditures shall be effective during any fiscal year unless the petition is filed within thirty (30) days after the date of final adoption of the budget for the fiscal year, except this shall not apply to any order entered into by agreement of the parties. A new officeholder shall have thirty (30) days from taking office to file a petition and any order entered with respect to such petition may be effective during the fiscal year. In the event the county official agrees with the number of deputies and assistants and the compensation and expenses related thereto, as set forth in the budget adopted by the county legislative body, the county mayor and the county official involved may prepare a letter of agreement, using a form prepared by the comptroller of the treasury setting forth the fact that they have reached an understanding in this regard. This letter of agreement shall be filed in court; however, no court costs, litigation taxes or attorneys fees shall be assessed. The clerks of the circuit, criminal and special courts shall file their letters of agreement or other petitions with the judge or any one (1) of the judges in their respective courts; The sheriffs shall file their letters of agreement or other petitions with the circuit court; provided, that in counties where criminal courts are established, the sheriff shall file with the criminal court; and The clerk and masters, county trustees, county clerks and clerks of the probate courts and registers of deeds shall file their letters of agreement or other petitions with the chancellor or one (1) of the chancellors if there is more than one (1). Any county official authorized to file a salary petition pursuant to this section may use this letter of agreement without regard to whether the county official's office operates under the fee system. Unless otherwise prohibited by law or rule of the supreme court, any petition or application for the authority to appoint or employ one (1) or more additional deputies or assistants filed pursuant to this chapter shall be heard and determined by a judge or chancellor serving the judicial district in which the petition or application is filed. Acts 1921, ch. 101, § 7; Shan. Supp., § 6428a44; mod. Code 1932, § 10731; modified; impl. am. Acts 1978, ch. 934, §§ 22, 36; T.C.A. (orig. ed.), § 8-2001; Acts 1993, ch. 348, §§ 1, 2; 1995, ch. 29, § 1; 2003, ch. 90, § 2; 2005, ch. 276, § 1. 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. Appointment of employees by state departments, § 4-4-106 . Clerk, clerical and administrative staff of board of commissioners, §§ 18-6-101 — 18-6-103 . Coroner's deputies authorized, § 8-9-105 . Deputies, appointment by register authorized, § 10-7-113 . Oath of office, § 8-18-112 . Sheriff's deputies' wrongdoing, action against county authorized, §§ 8-8-302 , 8-8-303 . Sheriff's deputies' wrongdoing, sheriff not liable for, §§ 8-8-301 , 8-8-303 . Special courts, petitions for deputies, § 8-24-109 . Special deputy sheriffs appointed in emergency, §§ 8-8-108 , 8-8-212 , 8-22-110 . Special deputy sheriffs, liability for wrongs, surety bond or liability insurance, § 8-8-303 . Textbooks. Tennessee Jurisprudence, 6 Tenn. Juris., Clerks of Court, § 11; 6 Tenn. Juris., Constitutional Law, § 34; 21 Tenn. Juris., Prisons and Prisoners, § 6; 22 Tenn. Juris., Sheriffs, § 6. Law Reviews. 1985 Tennessee Survey: Selected Developments in Tennessee Law, 53 Tenn. L. Rev. 307 (1986). Attorney General Opinions. Legislation prohibiting local officials from suing for pay raises, OAG 95-070, 1995 Tenn. AG LEXIS 74 (7/5/95). Sheriff's department expenditures subject to county budgeting provisions, OAG 98-010, 1998 Tenn. AG LEXIS 10 (1/9/98). County executive's (now county mayor's) authority over sheriff's department purchasing, OAG 99-051, 1999 Tenn. AG LEXIS 48 (3/4/99). Applicability of county civil service ordinance to employees of elected county officials, OAG 99-059, 1999 Tenn. AG LEXIS 40 (3/10/99). Budget of Shelby County sheriff, OAG 04-104, 2004 Tenn. AG LEXIS 122 (7/02/04). Proposed law that would require a judge or chancellor serving the judicial district in which a petition or application by a county official for permission to hire more personnel is filed to hear the case unless the hearing would violate any law or Supreme Court rule is constitutional, OAG 05-042 (4/5/05).