RESOLUTION TO URGE THE TENNESSEE GENERAL ASSEMBLY TO ENACT A
PRIVATE ACT REPEALING PRIVATE ACT OF 1983, CHAPTER 54 ESTABLISHING
SHERIFF CIVIL SERVICE COMMISSION AND ADOPTING THE “COUNTY
SHERIFF’S CIVIL SERVICE ACT OF 1974” CODIFIED AT TENNESSEE CODE
ANNOTATED § 8-8-401, ET SEQ., WITH EXCEPTIONS
WHEREAS, the General Assembly of the State of Tennessee has previously
passed legislation known as the “County Sheriff's Civil Service Law of 1974”, codified at
Tennessee Code Annotated § 8-8-401, et seq., and,
WHEREAS, Tennessee Code Annotated § 8-8-402 provides that this legislation is
local in effect and shall become effective in a particular county upon the contingency of a
two-thirds ( ⅔ ) vote of the county legislative body approving this law, and,
WHEREAS, the General Assembly of the State of Tennessee has previously
passed a Private Act of 1983, Chapter 54 on April 6, 1983, establishing a Sheriff Civil
Service Commission in Madison County, Tennessee, which has been amended by
subsequent Private Acts, and,
WHEREAS, the County Legislative Body of Madison County, Tennessee desires
to replace Madison County’s currently established Civil Service Commission system and
in its place establish for Madison County a Civil Service Commission system which more
closely resembles the statutory model set forth in Tennessee Code Annotated § 8-8-401,
et.seq., and,
WHEREAS, the County Legislative Body of Madison County, Tennessee desires
to adopt certain minor exceptions to the statutory model for a County Civil Service
Commission system set forth in Tennessee Code Annotated § 8-8-401, et seq., and said
exceptions are set forth below,
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners
of Madison County, Tennessee, meeting in regular session on this 15th day of December,
2014 that the General Assembly of the State of Tennessee is urged to enact a Private
Act to:
1.
Repeal the Private Act of 1983, Chapter 54 on April 6, 1983, establishing a
Sheriff Civil Service Commission in Madison County, Tennessee, as
amended by subsequent Private Acts, in its entirety.
2.
Enact a Private Act to authorize Madison County to adopt the “County
Sheriff's Civil Service Law of 1974”, codified at Tennessee Code Annotated
§ 8-8-401, et seq., in its entirety, and as subsequently amended by the
General Assembly of the State of Tennessee, with the exception of adopting
the following unique provisions which differ from the statutes adopted by the
General Assembly, and which exceptions shall remain in effect
notwithstanding subsequent amendments to the “County Sheriff's Civil
Service Law of 1974”, codified at Tennessee Code Annotated § 8-8-401, et
seq., by the General Assembly, except such subsequent amendments by
the General Assembly as may be adopted by a subsequent Madison County
Private Act :
(a) The text of Tennessee Code Annotated § 8-8-403, as adopted, shall be
modified to read: As used in this part, “classified service” includes all
positions and employees in the sheriff's department, except for the
sheriff, the sheriff's personal secretary, the cook for the jail facility, the
chief deputy sheriff, and each assistant chief deputy sheriff.
(b) The text of Tennessee Code Annotated § 8-8-404, as adopted, shall be
modified to read: There is created a civil service board composed of
three (3) members, two (2) of whom shall be selected by the Madison
County legislative body and one (1) of whom shall be selected by
majority vote of the members of the Madison County Deputy Sheriff’s
Association.
(c) The text of Tennessee Code Annotated § 8-8-405, as adopted, shall be
modified to read: The terms of the members of the board shall be three
(3) years; provided, that the initial appointments shall be as follows: one
(1) member selected by the Madison County legislative body for one (1)
year; one (1) member selected by the Madison County legislative body
for two (2) years; and one (1) member selected by the Madison County
Deputy Sheriff’s Association for three (3) years.
(d) The text of Tennessee Code Annotated § 8-8-415(b), as adopted, shall
be modified to read: No appointment or promotion for any position in
the classified service shall be deemed complete until after the expiration
of twenty-four (24) months' probationary service, during which time the
sheriff may determine the effectiveness of the employee and if, in the
sheriff's judgment, the employee does not meet the standards the sheriff
may terminate the employment of that person.
(e) The text of Tennessee Code Annotated § 8-8-418(b), as adopted, shall
be modified to read: The sheriff may suspend any employee for not
more than fifteen (15) days for cause, and there shall be no right of
appeal for such suspension. The sheriff does not have the authority to
suspend any employee for more than one (1) suspension of fifteen (15)
days within any given six-month period of time without a right of appeal.
(f) The text of Tennessee Code Annotated § 8-8-418(c), as adopted, shall
be modified to read: If the sheriff suspends any employee for a period
longer than fifteen (15) days, the suspended employee shall be notified
in writing of the charges. The suspended employee shall thereafter have
ten (10) days to request a hearing before the civil service board. Upon
receiving the request, the board shall set a hearing, not more than thirty
(30) days from the date of the receipt of the request.
BE IT FURTHER RESOLVED, that the Madison County Clerk shall send copies
of this Resolution to the members of the Tennessee General Assembly representing
Madison County, Tennessee.
PASSED AND ADOPTED BY TWO-THIRDS (2/3) VOTE OF THE BOARD OF
COMMISSIONERS OF MADISON COUNTY, TENNESSEE ON THIS 15TH DAY OF
DECEMBER, 2014.
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County Mayor
County Clerk