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e-Li: Electronic Library

Attorney Review

The county mayor is required to retain, subject to confirmation of the county legislative body, an attorney to review all of the policies that are adopted under this law. The attorney is to review the policies for compliance with this law and with other applicable laws. The county attorney may be retained for this purpose, or the county may retain some other attorney with appropriate expertise. The compensation of the attorney is established by the county legislative body and paid out of the general fund.

This attorney is responsible for reviewing the separate policies adopted by the county officials as well as the countywide policies. The attorney also reviews the list of offices and departments covered by the countywide policies.  The board of education is authorized to employ its own attorney. T.C.A. §§ 5-23-103 and 5-23-105.

If a county official filing separate policies disagrees with the designated attorney’s conclusion, there is a provision in the act allowing the official to have the policies reviewed by another attorney selected by the official and paid from the fees of the office or from funds budgeted for that office. T.C.A. § 5-23-103.