State Law Requires But County Executive Ignores! Why Is State Law Ignored And The County Doesn't Care?
It was recently reported that the County Executive had declared that Commissioner Terry Harwell WOULD be allowed to vote on all budgetary items that come before the Commission, but is this legal or just another thought plucked from the air of arrogance?
The State of Tennessee has a little law about "Conflicts of Interest". Part of that rule states "A special rule exist in the case of a County Commissioner who is also an employee of the county. A conflict of interest can come up in this situation anytime the county commission votes on appropriations or budgets. A statutory exception allows a member of the County Legislative Body to vote on these matters if that member was employed by the county before becoming a member of the County Commission. But, immediately before the vote the commissioner must read the following disclaimer which is set out in the Tennessee Code:
Because I am an employee of (name of governmental unit), I have a conflict of interest in the proposal about to be voted. However, I declare that my argument and my vote answer only to my conscience and to my obligation to my constituents and the citizens this body represents."
Now it that was all there was to it there would be no problem and Commissioner Harwell could vote on anything he wanted so long as he read the declaration of conflict.
Here's the fly in the buttermilk, "A legislative body member who is also a county employee and whose employment began on or after the date on which the member was initially selected as a governing body MAY NOT VOTE on matters in which the member has a conflict of interest." T.C.A. 12-4-101.
The County Financial Management System of 1981, which applies to any county in which it has been adopted and essentially holds all county officials and employees to the strict rule. T.C.A. 5-21-121. Under the "Strict Rule" both Direct and Indirect conflicts of interest are prohibited. Although under the general rule indirect interest are allowed if they are disclosed, the strict rule disallows the interest altogether."
The State of Tennessee has a little law about "Conflicts of Interest". Part of that rule states "A special rule exist in the case of a County Commissioner who is also an employee of the county. A conflict of interest can come up in this situation anytime the county commission votes on appropriations or budgets. A statutory exception allows a member of the County Legislative Body to vote on these matters if that member was employed by the county before becoming a member of the County Commission. But, immediately before the vote the commissioner must read the following disclaimer which is set out in the Tennessee Code:
Because I am an employee of (name of governmental unit), I have a conflict of interest in the proposal about to be voted. However, I declare that my argument and my vote answer only to my conscience and to my obligation to my constituents and the citizens this body represents."
Now it that was all there was to it there would be no problem and Commissioner Harwell could vote on anything he wanted so long as he read the declaration of conflict.
Here's the fly in the buttermilk, "A legislative body member who is also a county employee and whose employment began on or after the date on which the member was initially selected as a governing body MAY NOT VOTE on matters in which the member has a conflict of interest." T.C.A. 12-4-101.
The County Financial Management System of 1981, which applies to any county in which it has been adopted and essentially holds all county officials and employees to the strict rule. T.C.A. 5-21-121. Under the "Strict Rule" both Direct and Indirect conflicts of interest are prohibited. Although under the general rule indirect interest are allowed if they are disclosed, the strict rule disallows the interest altogether."