Basic Legislative Unit — Name Changes

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  2. Tennessee Code
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  6. Basic Legislative Unit — Name Changes

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  1. The county legislative body is established as a basic legislative unit of each county of this state; provided, that this subsection (a) shall not apply to counties that have already adopted the metropolitan form of government.
  2. Effective September 1, 1978, except in any county organized under the consolidated government provisions of the Constitution of Tennessee, article XI, § 9, the quarterly county court, county council and any other forms of county legislative bodies are abolished and all legislative powers that remained with such court, council and other forms of legislative bodies are hereby vested in the county legislative body. The county legislative body is further vested with all legislative powers and duties vested in justices of the peace prior to May 11, 1978.
  3. References to the quarterly county court, county council or other county legislative body appearing elsewhere in this code shall be deemed references to the county legislative body.
  4. References to the magistrates, justices of the peace, members or membership of such court, council or body appearing elsewhere in this code shall be deemed references to the members of the county legislative body.

Code 1858, §§ 4179, 4180, 4186 (deriv. Acts 1794, ch. 1, § 44; 1835-1836, ch. 6, § 1; 1837-1838, ch. 135, § 1); Acts 1875, ch. 70, §§ 1-3; integrated in Shan., § 5992; Code 1932, § 10193; Acts 1967, ch. 235, § 1; T.C.A. § 5-528; Acts 1978, ch. 934, §§ 7, 9; 1979, ch. 69, § 1; T.C.A. (orig. ed.), § 5-501.

Cross-References. County government, Tenn. Const., art. VII, § 1.

Textbooks. Tennessee Jurisprudence, 8 Tenn. Juris., Counties, § 11.

Law Reviews.

General Sessions Courts: Origin and Recent Legislation (Paul M. Bryan and Isadore B. Baer), 24 Tenn. L. Rev. 667 (1957).

Attorney General Opinions. County commission meetings:  quorum and majority vote requirements; requirements as to particular type of space or facility for meetings.  OAG  12-109, 2012 Tenn. AG LEXIS 113 (12/14/12).

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).

Members of a county legislative body can establish partisan caucuses for the purpose of outlining and meeting party objectives and goals but meetings of a partisan caucus of a county legislative body may be subject to the Open Meetings Act. OAG 14-96, 2014 Tenn. AG LEXIS 99 (10/30/14).

Collateral References.

Liability of municipality or other governmental unit for failure to provide police protection. 90 A.L.R.5th 273.


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