Tennessee § 8-47-101 - Officers subject to removal — Grounds.

§ 8-47-101. Officers subject to removal — Grounds.

Every person holding any office of trust or profit, under and by virtue of any of the laws of the state, either state, county, or municipal, except such officers as are by the constitution removable only and exclusively by methods other than those provided in this chapter, who shall knowingly or willfully commit misconduct in office, or who shall knowingly or willfully neglect to perform any duty enjoined upon such officer by any of the laws of the state, or who shall in any public place be in a state of intoxication produced by strong drink voluntarily taken, or who shall engage in any form of illegal gambling, or who shall commit any act constituting a violation of any penal statute involving moral turpitude, shall forfeit such office and shall be ousted from such office in the manner hereinafter provided. Acts 1915, ch. 11, § 1; Shan., § 1135a1; Code 1932, § 1877; T.C.A. (orig. ed.), § 8-2701; Acts 2004, ch. 621, § 1. Cross-References. Clerks of courts, removal or suspension, §§ 18-1-301 , 18-1-302 , 18-3-110 . Emergency management support forces or mobile reserve unit, § 58-2-113 . Failure of clerk or clerk and master to comply with order for new bond, removal, § 18-2-213 . Impeachments, Tenn. Const., art. V, §§ 1-5; title 8, ch. 46. Loss of retirement benefits for felony conviction arising out of employment or official capacity, §§ 8-35-203 , 8-36-201 . Officers liable to indictment and removal, Tenn. Const., art. V, § 5. Officers subject to impeachment, Tenn. Const., art. V, § 4; § 8-46-101 . Ouster from usurped office, title 29, chapter 35. Removal of judges and attorneys for state, Tenn. Const., art. VI, § 6. Removal of officers and employees of city manager cities, § 6-20-220 . Suspension, removal or discharge from office, § 39-16-406 . Textbooks. Tennessee Jurisprudence, 2 Tenn. Juris., Appeal and Error, § 83; 6 Tenn. Juris., Clerks of Court, § 7; 18 Tenn. Juris., Mandamus, § 9; 21 Tenn. Juris., Public Officers, § 25; 21 Tenn. Juris., Quo Warranto, § 3; 22 Tenn. Juris., Schools, § 9. Law Reviews. The Procedural Details of the Proposed Tennessee Rules of Appellate Procedure, III. Security and Stay Pending Appeal (John L. Sobieski, Jr.), 46 Tenn. L. Rev. 23 (1978). Attorney General Opinions. Ouster of county commissioner convicted of driving under the influence, OAG 95-069, 1995 Tenn. AG LEXIS 77 (7/3/95). Applicability to utility district commissioners, OAG 98-002, 1998 Tenn. AG LEXIS 2 (1/5/98). Enforcement of statutory requirements for constables, OAG 99-025, 1999 Tenn. AG LEXIS 26 (2/16/99). A judicial commissioner appointed by a county commission can be removed from office by ouster for knowing or willful misconduct in office, knowing or willful neglect of duty, public intoxication, gambling, or any act constituting a violation of a penal statute involving moral turpitude, OAG 00-126, 2000 Tenn. AG LEXIS 127 (8/7/00). A judicial commissioner can be removed from office only by an ouster action governed by T.C.A. § 8-47-101 et seq., OAG 00-126, 2000 Tenn. AG LEXIS 127 (8/7/00). T.C.A. § 8-47-101 does not prohibit a city attorney from investigating an ouster complaint against a commissioner for a city which employs the attorney, OAG 00-129, 2000 Tenn. AG LEXIS 130 (8/14/00). T.C.A. § 8-47-101 does not subject an officer to removal for engaging in legalized gambling outside the state, OAG 00-129, 2000 Tenn. AG LEXIS 130 (8/14/00). The fact that witnesses are not aware of an officer's status does not affect the development of reasonable cause under T.C.A. § 8-47-101 , OAG 00-129, 2000 Tenn. AG LEXIS 130 (8/14/00). An officer who is subpoenaed to provide information concerning an act which would subject the officer to ouster under T.C.A. § 8-47-101 is required to provide the information, but such information can not be used against the officer in any criminal proceeding, OAG 00-129, 2000 Tenn. AG LEXIS 130 (8/14/00). Removal of county property assessor for misconduct. OAG 13-30, 2013 Tenn. AG LEXIS 31 (4/5/13).