§ 5-5-112 — Voting prohibited if conflict of interest - Opting out of section by resolution

(a) (1) No member of the legislative body of a county who is also an employee of the same county or whose spouse is an employee of the same county may vote on matters in which such member has a conflict of interest. A conflict of interest is created under this section when a member is voting on a matter which, if approved by the legislative body, would increase the pay or benefits of that member or that member's spouse. (2) Each vote taken by a legislative body of a county that has the effect of increasing the pay or benefits of county employees must be by recorded electronic vote or by roll call vote. (3) The vote of any member having a conflict of interest is void if successfully challenged pursuant to subdivision (a)(4). (4) After each vote is taken that could involve a conflict of interest under subdivision (a)(1) and prior to the vote being announced by the chair, the chair shall ask the members of the legislative body if a member of the legislative body voted in violation of subdivision (a)(1). If the chair finds that a member voted in violation of subdivision (a)(1), the chair shall declare that member's vote void. (b) (1) Subsection (a) shall not prohibit a member of a local governing body of a county from voting on the budget, appropriation resolution, or tax rate resolution, or amendments thereto, unless the vote is on a specific amendment to the budget or a specific appropriation or resolution in which the member has a conflict of interest. (2) If a member of a county governing body who is voting on a proposed budget, appropriation resolution, or tax rate resolution, or amendments thereto, has a conflict of interest under subsection (a) or another existing conflict of interest, then the member must declare the conflict of interest at the meeting prior to casting the member's vote. (c) Any member of a local governing body of a county who abstains from voting for cause on any issue coming to a vote before the body shall not be counted for the purpose of determining a majority vote. This subsection (c) shall not apply to any county having a metropolitan form of government and having a population in excess of five hundred thousand (500,000), according to the 1990 federal census or any subsequent federal census. (d) Nothing in this section alters, amends, or otherwise affects § 12-4-101(a) . In the event of any conflict between this section and § 12-4-101(a) , § 12-4-101(a) shall prevail. (e) The legislative body of any metropolitan form of government or charter form of government may opt out of this section by resolution.

Legislative History

Amended by 2024 Tenn. Acts, ch. 798,s 1, eff. 7/1/2024. Amended by 2022 Tenn. Acts, ch. 656, s 1, eff. 3/15/2022. Added by 2016 Tenn. Acts, ch. 1072, s 2, eff. 5/20/2016.