Bill Authorizing Local Legislatures To Recall Appointed Officials Passes Tennessee Senate Committee With Amendment

Image Credit: TN General Assembly

The Tennessee Conservative Staff –

Legislation that would allow local legislatures to recall appointed officials under certain conditions has passed through the Senate State and Local Government Committee.

Senate Bill 0039 (SB0039), sponsored by State Senator Ferrell Haile (R-Gallatin-District 18), will allow a county legislature to recall an individual who was appointed by that legislative body with a two-thirds vote of that body.

The stated intention of the bill is to provide county legislatures with a way to remove individuals who had been appointed but were not fulfilling their obligations.

An amendment was proposed by State Senator Richard Briggs. That amendment clarifies that the removal must be recommended by the appointing authority. The bill then moved into discussion.

Senator Kerry Roberts (R-Springfield-District 23) expressed concern that there was no due process wording included in the legislation and that it could potentially lead to unintended consequences in situations where a commission might choose to remove someone due to things like personality conflicts or disagreements. He noted that he was not looking to derail the bill but to potentially make it better.

Haile countered that the requirement of a 2/3 majority vote would help to ensure that things were done fairly.

After continued discussion, a decision was made to vote on a verbal amendment that would also stipulate that the member must be given at least five business days’ notice of the meeting when the vote of removal would occur. That amendment was passed.

In a final vote, bill was recommended for passage with 6 ayes, 2 nays, and 1 present not voting. Roberts and Senator Jeff Yarbro (D-Nashville-District 21) voted against the bill. Senator Sara Kyle (D-Memphis-District 30) was in attendance but did not vote.

The bill will now move on to the Calendar committee to be scheduled to be heard by the full Senate.

The companion House Bill 0056, sponsored by State Representative William Lamberth (R-Portland-District 44), passed the House on February 24 with a vote of 95 ayes, 0 nays, and 1 present not voting.