A bill passed by the Tennessee House of Representatives last week that is now making its way through the Senate could have a major impact on the Carter County Commission and other county governing bodies across the state.
The bill, if passed, would put restrictions on what items a county commissioner could vote on if he or she is also an employee of the county. The proposed law also extends the current conflict of interest policy in state law to include any member of the county or municipal governing body whose spouse is employed by that government.
Currently, five members of the Carter County Commission are county employees — Commissioner Willie Campbell works for the Highway Department and Commissioners Isaiah Grindstaff, Bradley Johnson, Al Meehan and L.C. Tester all work for the Carter County Sheriff’s Office.
On March 16, the House passed HB0985 by an overwhelming majority of 88-1 with Rep. Timothy Hill and Rep. John Holsclaw, both of whom represent Carter County, voting in favor of the bill. On Tuesday, the bill was brought before the Senate State and Local Government Committee, which deferred action until March 29 after the Easter holiday.
The bills were originally introduced in the House and Senate in February 2015. In its original form, the bill would have prohibited any employee of a county or municipality from serving on the governing body for that same county or municipality. For example, an employee of Carter County could serve on the Elizabethton City Council but would have been barred from serving on the Carter County Commission.
As the bill passed through the House, members modified it and passed an amended bill which will allow government employees from serving on their own governing bodies, but places restrictions on them regarding what they can or cannot vote on.
Under current state law, any member of a local governing body who is an employee of that government may vote on matters in which the member has a conflict of interest if the member makes a declaration immediately prior to the vote.
When matters come up before the Carter County Commission that directly involve the departments which Campbell, Grindstaff, Johnson, Meehan or Tester, the affected commissioners have to read a “conflict of interest statement” which states “Because I am an employee of Carter County, I have a conflict of interest in the proposal about to be voted. However, I declare that my argument and my vote answer only to my conscience and to my obligation to my constituents and the citizens this body represents.”
After reading that statement, the commissioners are then allowed to cast their vote on the matter.
Under the amended bill passed by the House, which is now before the Senate, the present law requirements are retained for members of local governing bodies of municipalities but new requirements are substituted for members of county legislative bodies.
Under the proposed changes to state law, the commissioners who are either employed by the county or have a spouse employed by the county would be prohibited from voting on any matter that would increase the pay or benefits of themselves or their spouse.
However, the text of the bill notes that those commissioners who are deemed to have a conflict of interest due to their employment or their spouse’s employment with the county will not be prohibited from voting on the county’s budget, an appropriation resolution, tax rate resolution or any amendments to the budget, tax rate or appropriations unless the vote is on a specific amendment to the budget or a specific appropriation or resolution which the member has a conflict of interest in.