Tennessee County Mayor

1. Tennessee County Mayor POWERS AND DUTIES

2. County Mayor Constitutional Officer except in consolidated government (metro) or charter counties – 1978 Amendment to Tenn. Const. Art. 7., Sec.1 Duties and Powers determined by General Assembly General Law County Charter (enabling statutes) Private Act

3. Title Tennessee Constitution refers to the title of county executive Legislative amendment in 2003 conferred title of county mayor for this office. TCA 5-6-101 In 2004 a legislative amendment provided that counties could by private act designate this office as that of the county mayor.

4. Title Continued In 2007 the legislature amended TCA 5-6-202 to provide that those counties which had created the office of county executive would remain in full force and effect, but the legislation provided that after March 28, 2007, no county may re-designate the county mayor as county executive by private act. Counties with a metropolitan government charter or a county charter creates it own title for the leader

5. General Law Powers Detailed in Tennessee Code Annotated - Principally in Title 5 Chapter 6, but also throughout the Code. Relatively weak general law powers Enhanced in some counties by county charter or private act Metro Mayor - powers determined by Charter

6. General Agent Chief Executive Officer of the county signs contracts and deeds Custodian of county property not assigned to other officers of the county Purchasing agent for general fund in many counties Approval power over petitions for utility district creation and expansion

7. Chief Financial Officer Draws warrants on county general fund most counties - 1981 Financial Management Act counties excluded Executes bond issues, notes Compiles or formulates budget - most counties - especially those without finance or accounts and budgets director

8. Chief Financial Officer Line item budget amendment approval within a major category of the budget, except for those affecting amounts budgeted for personnel for the various departments in most counties TCA 5-9-407 Audits and settles accounts of trustee and other collectors of county revenue Oversees accounting and preparation of financial statements (many counties)

9. Chief Financial Officer Defends salary suits by fee officers for number of deputies and amount of salary Letters of Agreement Within amount budgeted by county legislative body when fee office on monthly turnover According to agreement between county executive and fee officer when fee office only turns over “excess” fees

10. Budget Committee Role 1957 Budget Law - Optional - Member of committee 1981 Financial Management Committee - optional - member of committee - 1981 county may have separate budget committee without county mayor Charters and Private Acts - may provide role on budget committee or may not

11. Legislative Role -- Leader? • May be elected chair of county legislative body - annual election in September • Mayor may refuse to serve as chair • As chair, no vote unless tie • If not serving as chair, veto power over “legislative” resolutions • Veto overridden by regular majority of membership of county legislative body

12. Legislative Role (cont.) • No line item veto • May call special meeting of county legislative body • Nonvoting member of county legislative body and internal committees of body • May send representative

13. Appointment Powers Limited Department heads and board members in some cases - a case by case analysis -- some with county legislative body approval, some not subject to such approval - Mostly determined by general law and private acts that specify method

14. Appointment Powers Appoints County Attorney - if no office of county attorney (compensation set by county legislative body) 1957 Fiscal Act Appointments - where applicable - budget committee, director of accounts and budgets, purchasing agent - subject to CLB approval

15. Appointment Powers Approval of delinquent tax attorney selected by trustee Staff of Office of County Mayor - subject to budget limits Custodial agent for county property not under the care of another county official- this does not include courthouse unless county legislative body so designates

16. Appointment Powers Generally, the power to appoint also includes the power to remove, even if the appointment is with confirmation of the county legislative body Some non-statutory appointment powers over committees may be conferred or removed by resolution of county legislative body

17. “Representative” of the County Development Districts Human Resource Agencies Coordinating Committee for County Growth Plan Joint Economic and Community Development Board Association of County Mayors (ACM)

18. Summary of Powers General Agent of the County Chief Financial Officer Legislative Role - Leader? Appointment Powers – limited “Representative” of the County

19. Observations Powers are generally modest (unless Metro Mayor or Mayor in charter county) Metro and County Charters - Powers may be enhanced (or removed) Ability to persuade/influence county legislative body is key to exercise of authority

20. More Observations County Mayor will likely be most successful by interacting with other county officers as a persuasive leader of the county, not as an administrator of these offices which the statutes have made largely independent

21. Leadership “Leadership is the art of getting someone else to do something you want done because he wants to do it.” Dwight Eisenhower