Title 8, Public Officers And Employees

Upon the appearance of the person impeached, such person is entitled to a copy of the impeachment, and to a reasonable time in which to answer the same.

(1) Witnesses on the trial of an impeachment before the senate shall be allowed the following fees:(1) For every day's attendance on such trial $1.00(2) For every twenty-five (25) miles the witness may necessarily travel in going to and returning from the place of trial $1.00 (1)…

(1) The sergeant at arms, or such other officer as may be appointed, shall be allowed the following fees:(1) For every arrest under process from the senate $2.00(2) For each mile the sergeant or other appointed officer may travel in going to and returning from such arrest $0.05(3…

The witness and officer shall prove their account by oath before the clerk of the senate, and the clerk's certificate annexed thereto shall enable the holder to collect the amount from the defendant or the state, according as either is liable.

If the defendant is found guilty, the defendant is liable for all such costs, and the same may be recovered by action before any tribunal having cognizance of the amount.

If the defendant is acquitted, or is unable to pay the costs, after due course of law has been had thereon, the state treasurer shall pay the witnesses and officer, upon the production of their certified accounts as provided in § 8-46-203.

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 sh…

The attorney general and reporter has the power, on the attorney general and reporter's own initiative, and without any complaint having been made to the attorney general and reporter or request made of the attorney general and reporter, to institute proceedings in ouster against…

It is the duty of the attorney general and reporter, the district attorneys general, county attorneys, and city attorneys, within their respective jurisdictions, upon notice being received by them in writing that any officer herein mentioned has been guilty of any of the acts, om…

The attorney general and reporter, the district attorneys general, county attorneys, and city attorneys have the power and they are hereby directed, whenever complaint has been made, and the names of the witnesses furnished them, or whenever they deem necessary, to issue subpoena…

Each witness shall be sworn true answers to make to all questions propounded to the witness, touching the matter under investigation, and the testimony of each witness shall be reduced to writing and be signed by the witness. The attorney general and reporter, the district attorn…

Any disobedience to such subpoena, or refusal to answer any proper questions propounded by the officers at such inquiry, is a Class C misdemeanor.

No person shall be excused from testifying before the attorney general and reporter, district attorney general, county attorney, or city attorney, at such investigation, or in any investigation, or be excused from testifying in any proceeding brought in any court of competent jur…

It is also the duty of the attorney general and reporter, in the case of state officers, and of the district attorney general and the county attorney, if there is one in the county, in the case of county officers, and of the city attorney, or the district attorney general, in cas…

The governor shall have power, and it shall be the governor's duty, whenever the governor has knowledge that reasonable grounds exist for the proceedings authorized by this chapter against any state, county, or municipal officer, to direct the attorney general and reporter, or di…

The petition or complaint shall be in the name of the state and may be filed upon the relation of the attorney general and reporter, or the district attorney general for the state, or the county attorney in the case of county officers, and of the city attorney, or the district at…

It is the duty of the attorney general and reporter, upon request of relator citizens and freeholders, to aid and assist in the prosecution of such proceedings against state officers, and of district attorneys general and county attorneys, upon like request, to aid and assist in …

The governor may in all cases, by and with the concurrence of the attorney general and reporter, employ on behalf of the state additional counsel to aid in the prosecution of such proceedings whenever the default charged involves the failure or neglect of the accused to perform t…

The accused shall be named as defendant, and the petition or complaint, except when filed upon the relation of the law officers of the state, district, county, or municipality, shall be verified by oath or affidavit, shall state the charges against defendant, with reasonable cert…

Upon the filing of the complaint or petition for the writ of ouster, a summons shall issue for the defendant, and there shall accompany the summons and be served upon the defendant a copy of the complaint or petition filed against the defendant, and the defendant shall have the r…

The petition and answer shall constitute the only pleadings allowed, and all allegations in the answer shall be deemed controverted, and any and all questions as to the sufficiency of the petition or complaint shall be raised and determined upon the trial of the case, and if such…

Upon petition or complaint being filed, praying for a writ of ouster against any of the officers herein named, and whether such action is brought by the attorney general and reporter, district attorney general, county attorney, city attorney, or by relator citizens and freeholder…

No person shall be suspended under this chapter until at least five (5) days' notice of the application for the order of suspension shall be served upon such person, which notice shall set forth the time and place of the hearing of the application, and the officer shall have the …

The proceedings under this chapter, whether in the circuit, chancery, or criminal courts, shall be conducted in accordance with the procedure of courts of chancery, where not otherwise expressly provided herein. All of such courts having cognizance of such proceedings are hereby …

(a) Such proceedings in ouster shall be summary and triable as equitable actions, shall have precedence over civil and criminal actions, and shall be tried at the first term after the filing of the complaint or petition herein named; provided, that the answer herein named shall h…

If the defendant is found guilty, judgment of ouster shall be rendered against the defendant, and the defendant shall be ousted from office.

If, on the final hearing of the complaint or petition herein provided, the officer is not removed from office, the officer shall, if the officer has been suspended, be immediately restored to office, and be allowed the officer's full costs and the salary and fees of the officer's…

(a) Such proceedings against state officers, when brought by or upon relation of the attorney general and reporter, shall be at the expense of the state; when brought against county officers by or upon the relation of any of the officers above named, they shall be at the expense …

Either party may appeal from the final judgment or decree, but such appeal shall not operate to suspend or vacate the judgment or decree, but the same shall remain in full force until vacated, reversed, or modified.

In all appeals, the procedure shall be governed by the Tennessee Rules of Appellate Procedure.

On appeal, such cause shall stand for trial at the first term after such appeal is perfected and filed, and shall have precedence over all civil and criminal cases.

(a) Nothing in this chapter shall be construed as repealing any law now in force making it a crime or misdemeanor for such public officers to violate certain statutes of this state and providing a punishment for the violation. (b) Proceedings under this chapter shall not be a bar…

Participation in any activity which is conducted pursuant to law and authorized by the Constitution of Tennessee, Article XI, § 5 shall not be construed as gambling for the purposes of § 8-47-101.

(1) Any office in this state is vacated by:(1) The death of the incumbent;(2) The incumbent's resignation, when permitted by law;(3) Ceasing to be a resident of the state, or of the district, circuit, or county for which the incumbent was elected or appointed;(4) The decision of …

On the death of any senator or representative from this state to the congress of the United States, or of any member of the general assembly, the county clerk of the county in which such officer, at the time of death, resided, shall give notice thereof to the governor; or on the …

The governor, if the governor resigns during the session of the general assembly, shall transmit the governor's resignation to the speaker of the senate; otherwise, to the secretary of state, who shall notify the speaker of the senate.

The resignation of senators and representatives in congress and members of the general assembly shall be transmitted to the governor; and in all other cases the resignation of officers shall be transmitted to the officer or tribunal authorized to fill the vacancy.

Notice of the removal of any officer from the state, or from the district, circuit, or county for which the officer was elected or appointed, shall be given by and to the same officers as notice of such officer's death.

Whenever there is a final judgment of a competent tribunal declaring any election or appointment void, or any office vacated, such judgment shall promptly be certified by the clerk to the appointing power or power whose duty it is to take steps to fill the vacancy.

The governor shall give notice to the general assembly, at each session thereof, of all offices to be filled by that body which have become vacant or which will be vacant by the expiration of the term of office, before the next regular session.

The provisions of §§ 8-48-102 – 8-48-107 for notice of official vacancy are merely directory, and the appointing power, or officer whose duty it is to take steps to supply the vacancy, need not wait for such notice, but may act upon information derived from other sources.

Any vacancy in the office of supreme court or appeals court judge shall be filled by a person residing in the grand division of the state in which the vacancy occurs.

With respect to local offices for which the legislative bodies of cities, towns, villages, townships, and counties may enact resolutions or ordinances relative to the manner in which vacancies will be filled or temporary appointments to office made, such legislative bodies are he…

This section shall be applicable to officers of political subdivisions, including, but not limited to, cities, towns, villages, townships and counties, as well as school, fire, power and drainage districts, not included in § 8-48-110. Such officers, subject to such regulations as…

“Military service,” as used in this part, includes the enlistment or induction into the United States army or any branch thereof, the United States navy, the air force, the space force, the marine corps, the coast guard, the merchant marine, or any other military activity carried…