The new personnel law which requires basic personnel policies for all county employees contains a provision superceding all other general laws or private acts in conflict with it.
In those counties that have civil service laws in effect for the Sheriff's department, the civil service board no longer has the authority to establish personnel policies which are included in the "base personnel policies" required under the new personnel law. These "base personnel policies" are defined in T.C.A. § 5-23-104 as follows:
(1) Whether employees are entitled to paid vacation or annual leave, sick leave, or other leave, policies for accrual and use of such leave, policies for compliance with state and federal family and medical leave laws, and provisions for maintaining leave records.
(2) The compensatory time policy in effect for the office or department or a statement that no compensatory time is allowed, a statement of whether the salary received by salaried employees is intended to cover all hours worked up to and including forty (40) in a work week in offices or departments where the regular work week is less than forty (40), policies for maintaining compliance with the overtime provisions of the federal wage and hour laws, and provisions for recordkeeping.
(3) Policies on non-discrimination and sexual harassment, including a complaint procedure as required under the Federal Americans with Disabilities Act, and guidelines to enable compliance with the fair hiring requirements of the federal equal employment opportunity laws and regulations. For employees of county judges, procedures administered by the Tennessee Administrative Offices of the Courts for complaints under the Americans with Disabilities Act may be used, if available.
(4) For any employees who are required by law to be tested, policies and procedures for drug and/or alcohol testing.
Under the provisions of T.C.A. § 5-23-103, the Sheriff is given the authority to adopt these "base personnel policies" for the employees of the Sheriff's department. If the Sheriff does not adopt separate base personnel policies, then the employees of the Sheriff's department will be governed by the base personnel policies adopted by the county executive and the county legislative body. Under T.C.A. § 5-23-112, these provisions supercede any conflicting provisions of any general law or private act. Accordingly, the civil service board is no longer authorized to establish these policies. The board does, however, retain its authority over all other matters which are not in conflict with the new law. T.C.A. § 8-23-108. Check with your county attorney for additional information.
The University of Tennessee does not discriminate on the basis of race, sex, color, religion, national origin, age, handicap, or veteran status in the provision of educational opportunities or employment opportunities and benefits.
The University does not discriminate on the basis of sex or handicap in the education programs and activities, pursuant to the requirements of Title IX of the Educational Amendments of 1972, Public Law 92-318, and Section 504 of the Rehabilitation Act of 1973, Public Law 93-112, and the Americans With Disabilities Act of 1990, Public Law 101-336, respectively. This policy extends to both employment by and admission to the University.
Inquiries concerning Title IX, Section 504, and the Americans With Disabilities Act of 1990 should be directed to Mr. Gary Baskette, Director of Business Services, 109 Student Services and Administration Building, Knoxville, Tennessee 37996-0212, (423) 974-6621. Charges of violation of the above policy should also be directed to Mr. Baskette.