§ 5-23-101 Legislative intent
§ 5-23-102 Chapter definitions
§ 5-23-103 Adoption of base personnel policies
§ 5-23-104 Required provisions
§ 5-23-105 Retainer of attorney
§ 5-23-106 Modification of policy
§ 5-23-107 Duties of county officials and department heads
§ 5-23-108 Existing authority to be retained by officials
§ 5-23-109 Actions by counties against official or employee in derogation of chapter
§ 5-23-110 Mandamus to compel compliance
§ 5-23-111 Compliance with Title VI
§ 5-23-112 Applicability

Terms Used In Tennessee Code > Title 5 > Chapter 23 - Written Personnel Policies

  • Access: means to approach, instruct, communicate, or connect with, store data in, retrieve or intercept data from, or otherwise make use of any resources of a computer, computer system, or computer network, or information exchanged from any communication between computers or authorized computer users and electronic, electromagnetic, electrochemical, acoustic, mechanical, or other means. See Tennessee Code 39-14-601
  • Actor: means a person accused of any of the offenses defined in this part. See Tennessee Code 39-14-802
  • Agency: means each state board, commission, committee, department, officer, or any other unit of state government authorized or required by any statute or constitutional provision to make rules or to determine contested cases. See Tennessee Code 4-5-102
  • Agriculture: means :
    (i) The land, buildings and machinery used in the commercial production of farm products and nursery stock. See Tennessee Code 1-3-105
  • Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
  • Animal: means any warm-blooded or cold-blooded animal or insect which is being used in food or fiber production, agriculture, research, testing, or education, including, but not limited to, hogs, equines, mules, cattle, sheep, goats, dogs, rabbits, poultry, fish, and bees. See Tennessee Code 39-14-802
  • Animal facility: means any vehicle, building, structure, pasture, paddock, pond, impoundment, or premises where an animal is kept, handled, housed, exhibited, bred, or offered for sale and any office, building, or structure where records or documents relating to an animal or to animal research, testing, production, or education are maintained. See Tennessee Code 39-14-802
  • Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
  • Appellate: About appeals; an appellate court has the power to review the judgement of another lower court or tribunal.
  • Arrest: Taking physical custody of a person by lawful authority.
  • Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
  • Attorney general: means the district attorneys general and their assistants. See Tennessee Code 39-14-902
  • Authorization: means any and all forms of consent, including both implicit and explicit consent. See Tennessee Code 39-14-601
  • Base personnel policies: means the policies that are required to be adopted under this chapter and that are enumerated in §. See Tennessee Code 5-23-102
  • Beneficiary: A person who is entitled to receive the benefits or proceeds of a will, trust, insurance policy, retirement plan, annuity, or other contract. Source: OCC
  • Benefit: means anything reasonably regarded as economic gain, enhancement or advantage, including benefit to any other person in whose welfare the beneficiary is interested. See Tennessee Code 39-11-106
  • Coercion: means a threat, however communicated, to:
    (A) Commit any offense. See Tennessee Code 39-11-106
  • Collector: includes any person entrusted with the collection of public revenue. See Tennessee Code 1-3-105
  • Commercial purpose: means litter discarded by a business, corporation, association, partnership, sole proprietorship, or any other entity conducting business for economic gain, or by an employee or agent of the entity. See Tennessee Code 39-14-501
  • Commissioner: means the commissioner of agriculture. See Tennessee Code 39-14-802
  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • Computer: means a device or collection of devices, including its support devices, peripheral equipment, or facilities, and the communication systems connected to it which can perform functions including, but not limited to, substantial computation, arithmetic or logical operations, information storage or retrieval operations, capable of being used with external files, one (1) or more operations which contain computer programs, electronic instructions, allows for the input of data, and output data (such operations or communications can occur with or without intervention by a human operator during the processing of a job). See Tennessee Code 39-14-601
  • Computer network: means a set of two (2) or more computer systems that transmit data over communication circuits connecting them, and input/output devices including, but not limited to, display terminals and printers, which may also be connected to telecommunication facilities. See Tennessee Code 39-14-601
  • Computer program: means an ordered set of data that are coded instructions or statements that, when executed by a computer, cause the computer to process data. See Tennessee Code 39-14-601
  • Computer software: means a set of computer programs, procedures, and associated documentation concerned with the operation of a computer, computer system, or computer network whether imprinted or embodied in the computer in any manner or separate from it, including the supporting materials for the software and accompanying documentation. See Tennessee Code 39-14-601
  • Computer system: means a set of connected devices including a computer and other devices including, but not limited to, one (1) or more of the following: data input, output, or storage devices, data communication circuits, and operating system computer programs that make the system capable of performing data processing tasks. See Tennessee Code 39-14-601
  • conduct: means to initiate, conclude, participate, negotiate, transport, conceal, or to aid or abet in such acts. See Tennessee Code 39-14-902
  • Consent: means assent in fact, whether express or implied, by the owner or by a person legally authorized to act for the owner which is not:
    (A) Induced by force, threat, false pretenses, or fraud. See Tennessee Code 39-14-802
  • Contract: A legal written agreement that becomes binding when signed.
  • Conviction: A judgement of guilt against a criminal defendant.
  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • County employees: means employees of the county as defined under the federal Fair Labor Standards Act ( 29 U. See Tennessee Code 5-23-102
  • County mayor: means and includes "county executive" unless the context clearly indicates otherwise. See Tennessee Code 1-3-105
  • Current geographic territory: means the parcels of land, as such parcels are defined or designated by the assessor of property of the county in which the parcels are located, to which a public electric system was providing electric service on February 16, 1989. See Tennessee Code 65-34-102
  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Data: means a representation of information, knowledge, facts, concepts, or instructions which is being prepared or has been prepared in a formalized manner, and is intended to be stored or processed, or is being stored or processed, or has been stored or processed in a computer, computer system, or computer network. See Tennessee Code 39-14-601
  • Deed: The legal instrument used to transfer title in real property from one person to another.
  • Defendant: means a person accused of an offense under this title and includes any person who aids or abets the commission of such offense. See Tennessee Code 39-11-106
  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • Dependent: A person dependent for support upon another.
  • Deprive: means unlawfully to withhold from the owner, interfere with the possession of, free, or dispose of an animal or other property. See Tennessee Code 39-14-802
  • Disrupt: means to engage in conduct that materially interferes with the operations of the animal facility in a manner such that the activities conducted by or in the facility are permanently or temporarily halted, compromised, delayed, harmed or impaired. See Tennessee Code 39-14-802
  • Electric and community service cooperative: has the meaning set forth in §. See Tennessee Code 65-34-102
  • Electric cooperative: means an electric cooperative or electric membership corporation, whether organized or operating under chapter 25 of this title or similar statutes of any other state, which, as of June 19, 1997, distributes electric power purchased from the Tennessee Valley authority. See Tennessee Code 65-36-102
  • Electronic mail service provider: means any person who:
    (A) Is an intermediary in sending or receiving electronic mail. See Tennessee Code 39-14-601
  • Entry regulation: means :
    (A) Any rule promulgated by a licensing authority for the purpose of regulating an occupational or professional group, including, but not limited to, any rule prescribing qualifications or requirements for a person's entry into, or continued participation in, any business, trade, profession, or occupation in this state. See Tennessee Code 4-5-501
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Fair market value: The price at which an asset would change hands in a transaction between a willing, informed buyer and a willing, informed seller.
  • Fiduciary: A trustee, executor, or administrator.
  • Financial instrument: includes , but is not limited to, any check, cashier's check, draft, warrant, money order, certificate of deposit, negotiable instrument, letter of credit, bill of exchange, credit card, debit card, marketable security, or any computer system representation thereof. See Tennessee Code 39-14-601
  • Financial transaction: means a purchase, sale, loan, pledge, contract, gift, payment, and also includes a withdrawal, transmission of funds, transfer between accounts or deposit, of monetary or negotiable instruments, funds or an exchange of any other property, including, but not limited to, currency, precious metals, stones or jewelry, tickets, stamps or credit in a financial institution. See Tennessee Code 39-14-902
  • Force: means compulsion by the use of physical power or violence and shall be broadly construed to accomplish the purposes of this title. See Tennessee Code 39-11-106
  • Garbage: includes putrescible animal and vegetable waste resulting from the handling, preparation, cooking and consumption of food. See Tennessee Code 39-14-501
  • Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
  • Government: means the state or any political subdivision of the state, and includes any branch or agency of the state, a county, municipality or other political subdivision. See Tennessee Code 39-11-106
  • Grand jury: agreement providing that a lender will delay exercising its rights (in the case of a mortgage,
  • Highway: includes public bridges and may be held equivalent to the words "county way" "county road" or "state road". See Tennessee Code 1-3-105
  • Indictment: The formal charge issued by a grand jury stating that there is enough evidence that the defendant committed the crime to justify having a trial; it is used primarily for felonies.
  • Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
  • Input: means data, facts, concepts, or instructions in a form appropriate for delivery to, or interpretation or processing by, a computer. See Tennessee Code 39-14-601
  • Intentional: means that a person acts intentionally with respect to the nature of the conduct or to a result of the conduct when it is the person's conscious objective or desire to engage in the conduct or cause the result. See Tennessee Code 39-11-106
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Knowing: means that a person acts knowingly with respect to the conduct or to circumstances surrounding the conduct when the person is aware of the nature of the conduct or that the circumstances exist. See Tennessee Code 39-11-106
  • Lands: includes lands, tenements and hereditaments, and all rights thereto and interests therein, equitable as well as legal. See Tennessee Code 1-3-105
  • Law enforcement officer: means an officer, employee or agent of government who has a duty imposed by law to:
    (A) Maintain public order. See Tennessee Code 39-11-106
  • License: includes the whole or part of any agency, permit, certificate, approval, registration, charter or similar form of permission required by law. See Tennessee Code 4-5-102
  • Licensing: includes the agency process respecting the grant, denial, renewal, revocation, suspension, withdrawal or amendment of a license. See Tennessee Code 4-5-102
  • Licensing authority: means any state regulatory board, commission, council, or committee in the executive branch of state government established by statute or rule that issues any license, certificate, registration, certification, permit, or other similar document for the purpose of entry into, or regulation of, any occupational or professional group. See Tennessee Code 4-5-501
  • Lien: A claim against real or personal property in satisfaction of a debt.
  • Litter: includes garbage, refuse, rubbish and all other waste material, including a tobacco product as defined in §. See Tennessee Code 39-14-501
  • Local exchange company: includes telecommunications service providers as defined in §. See Tennessee Code 39-14-601
  • Minor: means any person under eighteen (18) years of age. See Tennessee Code 39-11-106
  • Month: means a calendar month. See Tennessee Code 1-3-105
  • Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
  • Mortgagee: The person to whom property is mortgaged and who has loaned the money.
  • Municipal electric system: means any electric system owned by any county, municipality, power district, or other subdivision of Tennessee. See Tennessee Code 65-34-102
  • municipal electric utility: means any governmental entity as defined in §. See Tennessee Code 65-36-102
  • Nolo contendere: No contest-has the same effect as a plea of guilty, as far as the criminal sentence is concerned, but may not be considered as an admission of guilt for any other purpose.
  • Non-consumer owned electric system: means any public electric system other than electric and community service cooperatives and municipal electric systems. See Tennessee Code 65-34-102
  • Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
  • Obtain: includes , but is not limited to, the taking, carrying away or the sale, conveyance or transfer of title to or interest in or possession of property, and includes, but is not limited to, conduct known as larceny, larceny by trick, larceny by conversion, embezzlement, extortion or obtaining property by false pretenses. See Tennessee Code 39-11-106
  • Output: means data, facts, concepts or instructions produced or retrieved by computers from computers or computer memory storage devices. See Tennessee Code 39-14-601
  • Owner: means a person in lawful possession of property whether the possession is actual or constructive. See Tennessee Code 39-14-401
  • Owner: means a person, other than the defendant, who has possession of or any interest other than a mortgage, deed of trust or security interest in property, even though that possession or interest is unlawful and without whose consent the defendant has no authority to exert control over the property. See Tennessee Code 39-11-106
  • Owner: means an owner or lessee of a computer or a computer network, or an owner, lessee or licensee of computer data, computer programs, or computer software. See Tennessee Code 39-14-601
  • Owner: means the owner of any property, any part owner, joint owner, tenant in common, joint tenant or tenant by the entirety of the whole or a part of any structure which is capable of receiving service by a utility. See Tennessee Code 65-35-101
  • Owner: means a person who has title to the property, lawful possession of the property, or a greater right to possession of the property than the actor. See Tennessee Code 39-14-802
  • Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
  • Person: includes the singular and the plural and means and includes any individual, firm, partnership, copartnership, association, corporation, governmental subdivision or agency, or other organization or other legal entity, or any agent or servant thereof. See Tennessee Code 39-11-106
  • Person: means an individual, corporation, firm, company, partnership, association or organization of any kind, public or private. See Tennessee Code 65-35-101
  • Person: means any individual, corporation, association, nonprofit corporation, joint-stock company, firm, trust, partnership, two (2) or more persons having a joint or common interest, or other legal entity. See Tennessee Code 39-14-802
  • Person: means any individual, partnership, corporation, association, governmental subdivision, or public or private organization of any character, including another agency. See Tennessee Code 4-5-102
  • Person: includes a corporation, firm, company or association. See Tennessee Code 1-3-105
  • Plea: In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges, a declaration made in open court.
  • Policy: means any statement, document, or guideline prepared or issued by any agency pursuant to its delegated authority that merely defines or explains the meaning of a statute or a rule. See Tennessee Code 4-5-102
  • Possession: means actual care, custody, control, or management. See Tennessee Code 39-14-802
  • Preliminary hearing: A hearing where the judge decides whether there is enough evidence to make the defendant have a trial.
  • Probable cause: A reasonable ground for belief that the offender violated a specific law.
  • Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
  • Proceeds: includes gross profits from the commission of any specified unlawful activity, including property, real, personal or intangible of any kind, acquired or derived, directly or indirectly, from, produced through, realized through or caused by an act or omission. See Tennessee Code 39-14-902
  • Property: means anything of value, including, but not limited to, money, real estate, tangible or intangible personal property, including anything severed from land, library material, contract rights, choses-in-action, interests in or claims to wealth, credit, admission or transportation tickets, captured or domestic animals, food and drink, electric or other power. See Tennessee Code 39-11-106
  • Property: shall include :
    (A) Real property. See Tennessee Code 39-14-601
  • Property: means any real or personal property and includes any document, record, research data, paper, or computer storage medium. See Tennessee Code 39-14-802
  • Property: means anything of value, and includes any interest in property, including any benefit, privilege, claim or right with respect to anything of value, whether real or personal, tangible or intangible. See Tennessee Code 39-14-902
  • Property: includes both personal and real property. See Tennessee Code 1-3-105
  • Public electric system: includes electric and community service cooperatives, municipal electric systems, and every individual, co-partnership, association, corporation or joint stock company, their lessees, trustees or receivers, appointed by any court whatsoever, that own, operate, manage, or control any electric power system, plant, or equipment within Tennessee affected by and dedicated to public use. See Tennessee Code 65-34-102
  • Reckless: means that a person acts recklessly with respect to circumstances surrounding the conduct or the result of the conduct when the person is aware of, but consciously disregards a substantial and unjustifiable risk that the circumstances exist or the result will occur. See Tennessee Code 39-11-106
  • Record: means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in a perceivable form. See Tennessee Code 1-3-105
  • Refuse: includes all putrescible and nonputrescible solid waste. See Tennessee Code 39-14-501
  • Reporter: Makes a record of court proceedings and prepares a transcript, and also publishes the court's opinions or decisions (in the courts of appeals).
  • Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
  • Rubbish: includes nonputrescible solid waste consisting of both combustible and noncombustible waste. See Tennessee Code 39-14-501
  • Rule: includes the establishment of a fee and the amendment or repeal of a prior rule. See Tennessee Code 4-5-102
  • Services: includes labor, skill, professional service, transportation, telephone, mail, gas, electricity, steam, water, cable television, entertainment subscription service or other public services, accommodations in hotels, restaurants or elsewhere, admissions to exhibitions, use of vehicles or other movable property, and any other activity or product considered in the ordinary course of business to be a service, regardless of whether it is listed in this subdivision (a)(38) or a specific statute exists covering the same or similar conduct. See Tennessee Code 39-11-106
  • Services: includes , but is not limited to, the use of a computer, a computer system, a computer network, computer software, computer program, or data to perform tasks. See Tennessee Code 39-14-601
  • signed: includes a mark, the name being written near the mark and witnessed, or any other symbol or methodology executed or adopted by a party with intention to authenticate a writing or record, regardless of being witnessed. See Tennessee Code 1-3-105
  • Small business: means a business entity, including its affiliates, that employs fifty (50) or fewer full-time employees. See Tennessee Code 4-5-102
  • Specified unlawful activity: means any act, including any preparatory or completed offense, committed for financial gain that is punishable as a felony under the laws of this state, or if the act occurred outside this state, would be punishable by confinement for more than one (1) year under the laws of the state in which it occurred. See Tennessee Code 39-14-902
  • State: means the state of Tennessee. See Tennessee Code 39-14-802
  • State: when applied to the different parts of the United States, includes the District of Columbia and the several territories of the United States. See Tennessee Code 1-3-105
  • Statute: A law passed by a legislature.
  • Subpoena: A command to a witness to appear and give testimony.
  • Temporary restraining order: Prohibits a person from an action that is likely to cause irreparable harm. This differs from an injunction in that it may be granted immediately, without notice to the opposing party, and without a hearing. It is intended to last only until a hearing can be held.
  • Tenant or occupant: means any person who occupies the whole or a part of any building, whether alone or with others, and includes the owner. See Tennessee Code 65-35-101
  • Testimony: Evidence presented orally by witnesses during trials or before grand juries.
  • Tire: means the continuous solid or pneumatic rubber covering encircling the wheel of a motor vehicle and includes a waste tire as defined in §. See Tennessee Code 39-14-501
  • To process: means to use a computer to put data through a systematic sequence of operations for the purpose of producing a specified result. See Tennessee Code 39-14-601
  • Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
  • Trustee: A person or institution holding and administering property in trust.
  • United States: includes the District of Columbia and the several territories of the United States. See Tennessee Code 1-3-105
  • utility: means any utility which furnishes electricity, gas or water, or converts solid waste into heat, fuel or energy. See Tennessee Code 65-32-103
  • Utility: means any person, municipality, county, cooperative, board, commission, district or any entity created or authorized by public act, private act or general law to provide electricity, natural gas, water, sanitary sewer service, telephone service, or any combination thereof, for sale to consumers in any particular service area, whether or not regulated by the Tennessee public utility commission. See Tennessee Code 65-35-101
  • Utility customer: means :
    (A) The person or persons listed on the records of the utility as the customer liable for charges or payment for the utility service. See Tennessee Code 65-35-101
  • Venue: The geographical location in which a case is tried.
  • Virus: means a migrating program which, at least, attaches itself to the operating system of any computer it enters and can infect any other computer that has access to an "infected" computer. See Tennessee Code 39-14-601
  • written: includes printing, typewriting, engraving, lithography, and any other mode of representing words and letters. See Tennessee Code 1-3-105
  • Year: means a calendar year, unless otherwise expressed. See Tennessee Code 1-3-105