§ 8-24-102 — Compensation of county officials

Tennessee § 8-24-102

• Jurisdiction: Tennessee
• Title: 8

Text

(a) For the purposes of determining the compensation to be received by the various county officers, "general officers" includes assessors of property, county clerks, clerks and masters of chancery courts, clerks of probate courts, clerks of circuit courts, clerks of general sessions courts, clerks of criminal courts, juvenile court clerks, county trustees and registers of deeds. (b) Beginning July 1, 2001, general officers shall receive minimum compensation per year as follows: County Population General Officers 920,000 and more.................... $94,805 500,000 to 919,999.................... $89,805 400,000 to 499,999.................... $85,805 275,000 to 399,999.................... $83,305 250,000 to 274,999.................... $77,805 225,000 to 249,999.................... $74,805 200,000 to 224,999.................... $71,805 175,000 to 199,999.................... $68,805 150,000 to 174,999.................... $65,805 125,000 to 149,999.................... $62,805 100,000 to 124,999.................... $59,805 65,000 to 99,999........................ $58,305 50,000 to 64,999........................ $55,805 35,000 to 49,999........................ $50,805 23,000 to 34,999........................ $48,805 12,000 to 22,999........................ $44,805 less than 11,999........................ $39,305 (c) The population of counties, for purposes of this section, shall be determined by the 2000 federal census or the most recent succeeding federal census or a special census as provided in this subsection (c). A county may not move from one population to another except for a succeeding federal census or a special census. For the purpose of moving from one population classification to another, each county may take not more than three (3) special censuses at its own expense at any time during the interim between the regular decennial federal censuses. The special census shall be taken by the federal census bureau or in a manner directed by and satisfactory to the commissioner of economic and community development. The population of the county shall thereafter be revised in accordance with the special census, effective July 1 following certification of the census results by the federal census bureau or the commissioner of economic and community development to the secretary of state and the comptroller of the treasury. (d) On July 1, 2002, and each July thereafter, the minimum compensation for county officials, as provided by this section, shall be increased by a dollar amount equal to the average annualized general increase in state employees' compensation, including the equivalent percentage increase in average state employees' salaries represented by appropriated funds made available to address classification compensation issues, during the prior fiscal year multiplied by the compensation established herein for the county officials of the county with the median population of all counties; provided, however, that the annualized general increase tied to the increase in state employees' compensation shall not exceed five percent (5%) in any given year; provided further, notwithstanding the dollar amount provided in this section, that the percentage increase provided for county officials by this subsection (d) shall not be less than the percentage increase established for county officials of the county with the median population of all counties. On or before May 1 of each year, the commissioner of finance and administration shall certify to the comptroller of the treasury the average annualized general increase in state employee's compensation during that fiscal year. "Average annualized general increase in state employee's compensation" means the average percentage increase in base salaries for state employees, plus the equivalent percentage increase in average state employees' salaries represented by recurring appropriation amounts provided to improve the level of retirement benefits, longevity benefits, and deferred compensation benefits or other similar benefits that are made available to state employees, not including health insurance benefits. (e) The county mayor's compensation shall be at least five percent (5%) higher than the salary paid to any other county constitutional office of the respective counties. The minimum salary set out above shall apply only to a county mayor who devotes full time to the county mayor's office. The salary of a county mayor who devotes less than full time to the county mayor's office shall be determined by resolution of the county legislative body prior to the election of such official. For purposes of this subsection (e), "county official" does not include the judge of general sessions court. (f) The state share of the cost pursuant to the Constitution of Tennessee, Article II, § 24 for any increased expenditure required by a county by this section shall be provided from the unallocated tax revenue of state-shared taxes enumerated in § 9-4-5301 . (g) The compensation for the sheriff and chief administrative officer of the county highway department shall be at least ten percent (10%) higher than the salary paid to the general officers of the county. The county legislative body of each county may increase or decrease the compensation of the chief administrative officer of the county highway department so long as the compensation is maintained at or above the minimum level established herein. (h) All general officers of the county shall be paid the same salary with the exception of any education incentive payments made to certified public administrators under § 5-1-310 and any payments made to the assessor of property under § 67-1-508 . (i) The county legislative body of each county may increase or decrease compensation of county officials so long as the compensation is maintained at, or above, the minimum levels established herein. (j) (1) Any action by a county legislative body to exceed the minimum level of compensation for county officials established pursuant to this section must be included in a resolution scheduled for consideration on the agenda of the meeting. All meetings of the county legislative body shall comply with the requirements of the open meetings act, compiled in chapter 44, part 1 of this title. (2) Notwithstanding subsection (h) to the contrary, a county legislative body may provide to a clerk of court who serves more than one (1) court in the county additional compensation in the amount of ten percent (10%) of the clerk's base compensation. The increase shall be for the purpose of compensating the clerk for the additional duties and time required to serve multiple courts. For the purposes of this section, a clerk and master shall be considered eligible for this additional compensation, if the clerk serves as clerk of the court that exercises probate jurisdiction. In order for the increase to be valid, it must be adopted by resolution of the county legislative body. For the purpose of subsection (g), any additional compensation provided to a general officer under any provision of this section shall be included when determining the salary paid to the general officers of the county.

Legislative History

Acts 1921, ch. 101, § 3; Shan. Supp., § 6428a40; mod. Code 1932, § 10727; Acts 1935, ch. 118, § 2; mod. C. Supp. 1950, § 10727; Acts 1953, ch. 4, § 2; 1959, ch. 30, § 1; 1961, ch. 147, § 4; 1961, ch. 151, § 1; 1963, ch. 284, § 1; 1965, ch. 177, § 1; 1965, ch. 179, § 1; 1967, ch. 223, § 1; 1968, ch. 520, § 1; 1968, ch. 578, §1; 1969, ch. 217, § 1; 1969, ch. 274, § 1; 1969, ch. 332, §3; 1970, ch. 366, § 1; 1971, ch. 404, § 1; 1971, ch. 416, §1; 1971, ch. 436, §§ 2, 4, 5; 1972, ch. 466, § 1; 1972, ch. 519, § 2; 1972, ch. 539, § 2; 1973, ch. 167, § 1; 1973, ch. 218, § 1; 1973, ch. 314, § 1; 1973, ch. 364, § 1; 1974, ch. 459, §1; 1974, ch. 573, §§ 1, 2, 3; 1976, ch. 720, § 1; 1977, ch. 44, § 4; impl. am. Acts 1978, ch. 934, §§7, 22, 36; Acts 1979, ch. 414, §§ 1, 3, 5; T.C.A. (orig. ed.), §8-2403; Acts 1980, ch. 531, § 1; 1981, ch. 470, § 1; 1982, ch. 586, §1; 1982, ch. 910, § 1; 1984, ch. 887, § 1; 1985, ch. 428, §1; 1986, ch. 908, § 1; 1987, ch. 339, §§ 1, 2; 1987, ch. 363, § 1; 1987, ch. 397, § 3; 1988, ch. 533, § 1; 1988, ch. 857, §§ 1, 3, 4; 1988, ch. 935, § 1; 1989, ch. 561, § 1; 1990, ch. 1035, §§ 1-3; 1991, ch. 227, § 1; 1996, ch. 936, § 6; 1998, ch. 1129, § 1; 2001, ch. 405, §§1 - 7, 9; 2003 , ch. 90, § 2; 2005, ch. 195, §1; 2006, ch. 601, §1; 2007 , ch. 470, § 1.