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Shelby County Charter

Shelby County Charter
Shelby County, Tennessee

Introduction

Creation of First Shelby County Charter Commission

History of Previous County Government Structure

Authority for Charter Form of County Government

"Home Rule Charter"

Charter Highlights

Conclusion

Article I. Powers and Functions

Sec. 1.01. Powers and functions.

Sec. 1.02. Private and local affairs.

Sec. 1.03. Public corporation powers.

Sec. 1.04. Public corporation rights.

Sec. 1.05. Rights reserved to the people.

Article II. Legislative Branch

Sec. 2.01. Legislative powers.

Sec. 2.02. Other powers.

Sec. 2.03. Membership and election.

Sec. 2.04. Commissioner's salary and expense.

Sec. 2.05. Quorum.

Sec. 2.06. Ordinances and resolutions.

Sec. 2.07. Mayor signature and veto.

Sec. 2.08. Election of chairman, chairman pro tempore.

Sec. 2.09. Removal of commissioner.

Sec. 2.10. Chairman's designee authority.

Sec. 2.11. Vacancy.

Sec. 2.12. Approval of nominations.

Sec. 2.13. Recodifications.

Article III. Executive Branch

Sec. 3.01. Executive and administrative powers.

Sec. 3.02. Executive branch.

Sec. 3.03. County mayor duties.

Sec. 3.04. County mayor--Term, qualifications, compensation.

Sec. 3.05. County mayor--Vacancy.

Sec. 3.06. Creation of offices, division, departments.

Sec. 3.07. Budget procedures.

Sec. 3.08. Special offices of Shelby County government.

<title effective until 9-1-10>
Article IV. Judicial Branch, Law Enforcement and Corrections

<title effective as of 9-1-10>
Article IV. Judicial Branch

Sec. 4.01. Judiciary.

Sec. 4.02. Vacancy.

Sec. 4.03. Abolishing divisions or altering compensation prohibited.

Sec. 4.04. Rules of court and evidence.

Sec. 4.05. Judicial notice of charter and ordinances.

Sec. 4.06. Sheriff. <effective until 9-1-10>

Article V. General Provisions

Sec. 5.01. Title of charter.

Sec. 5.02. Liberal construction of charter.

Sec. 5.03. Definitions.

Sec. 5.04. Construction of words in charter.

Sec. 5.05. Amendments to the charter.

Sec. 5.06. Method of electing officers.

Sec. 5.07. Qualification and oath of elected officers.

Sec. 5.08. Conflict of interest.

Sec. 5.09. Bonding of officers or employees.

Sec. 5.10. Residence of county official, employees and attorney qualifications required.

Sec. 5.11. Temporary advisory board.

Sec. 5.12. Ex officio members--Boards, authorities, commissions.

Sec. 5.13. Equal opportunity.

Sec. 5.14. Pension benefits retained.

Sec. 5.15. Liability and void obligation if contrary to charter.

Sec. 5.16. Public meetings and records.

Sec. 5.17. Administrative rules and regulations.

Sec. 5.18. County seal and flag.

Sec. 5.19. Service of process on county.

Sec. 5.20. Duty to provide health service and to require payment from those able to pay.

Sec. 5.21. Severability.

Sec. 5.22. Holding more than one compensated elective office.

Sec. 5.23. Succession of authority and continuity of government in a disaster.

Sec. 5.24. Recall of elected county officials.

Sec. 5.25. Term limitations for county charter officers.

Article VI. Prohibitions

Sec. 6.01. Consolidation prohibited.

Sec. 6.02. County board of education.

Sec. 6.03. Removal of incumbents.

Sec. 6.04. Constitutional officers.

Sec. 6.05. Municipalities.

Sec. 6.06. Zoning.

Sec. 6.07. Annexation.

Sec. 6.08. Incorporation.

Sec. 6.09. Civil service.

Sec. 6.10. Appointments and promotions.

Sec. 6.11. Existing rights and liabilities.

Article VII. Transition Provisions

Sec. 7.01. Repeal of contrary laws.

Sec. 7.02. Referendum.

Sec. 7.03. Effective date.

Sec. 7.04. Restructure act.

Sec. 7.05. Delivery of documents.

Sec. 7.06. Resolutions and regulations.

Sec. 7.07. Pending matters.

Sec. 7.08. Judicial proceedings.

Sec. 7.09. Rights and obligations.

Sec. 7.10. Elected and appointed officers.

Sec. 7.11. Commission districts.

Sec. 7.12. Salaries.

Sec. 7.13. Depositories.

Sec. 7.14. Private acts.

<effective 9-1-10 or 9-1-12 as set forth herein>
Article VIII. County Charter Officers

Sec. 8.01. Replacement of constitutional officers.

Sec. 8.02. Qualifications.

Sec. 8.03. Election; term.

Sec. 8.04. Vacancy.

Sec. 8.05. Removal; recall.

Sec. 8.06. Sheriff - Duties, functions, and obligations; rights, power and authority.

Sec. 8.07. Trustee - Duties, functions, and obligations; rights, power and authority.

Sec. 8.08. Register - Duties, functions, and obligations; rights, power and authority.

Sec. 8.09. County Clerk - Duties, functions, and obligations; rights, power and authority.

Sec. 8.10. Assessor - Duties, functions, and obligations; rights, power and authority.

Sec. 8.11. Compensation.

Sec. 8.12. Personnel salary and positions - Generally

Sec. 8.13. Personnel salary and positions - Sheriff

Exhibit "A" (Deleted)*

Legislative History

As last amended by voter referenda on 8-7-08 (Ord. No. 361, 6-2-08)
and 11-4-08 (Ord. No. 364 & No. 365, 8-27-08).