(a) A public servant convicted under § 39-16-402, § 39-16-403 or § 39-16-404 shall be removed from office or discharged from the position.
criminal case

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Terms Used In Tennessee Code 39-16-406

  • Conviction: A judgement of guilt against a criminal defendant.
  • Public servant: means a person elected, selected, appointed, employed, or otherwise designated as one (1) of the following even if the public servant has not yet qualified for office or assumed the duties:
    (A) An officer, employee, or agent of government. See Tennessee Code 39-16-401
  • Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
(b) A public servant elected or appointed for a specified term shall be:

(1) Suspended without pay immediately upon conviction in the trial court through the final disposition of the case;
(2) Removed from office for the duration of the term during which the conviction occurred if the conviction becomes final; and
(3) Barred from holding any appointed or elected office for ten (10) years from the date the conviction becomes final.
(c) A public servant who serves at-will shall be discharged upon conviction in the trial court. Subsequent public service shall rest with the hiring or appointing authority; provided, that the authority has been fully informed of the conviction.
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