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HOUSE BILL 2665
By Shaw
SENATE BILL 2728
By Walley
AN ACT to amend Chapter 350 of the Private Acts of 1945; as
amended by Chapter 246 of the Private Acts of 1974;
and any other acts amendatory thereto, relative to the
county attorney of Haywood County.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF TENNESSEE:
SECTION 1. Chapter 350 of the Private Acts of 1945, and any acts amendatory thereto,
is amended by deleting Sections 2 and 3 and substituting:
SECTION 2. The County Attorney shall be licensed to practice law in the State
of Tennessee.
Preference must be given to an attorney who is a resident citizen of Haywood
County; however, residency within the county shall not be required.
Before assuming office, the County Attorney shall take and subscribe the
following oath, which shall be filed with the County Clerk: "I, _________, do solemnly
swear that I will support the Constitutions of the United States and of the State of
Tennessee, and that I will perform the duties of said office according to the law and to
the best of my skill and ability."
SECTION 3. The County Attorney shall serve as legal counsel to Haywood
County government and shall advise and represent members of the County
Commission, the County Mayor, and other county officials, including elected, appointed,
or confirmed officials and chairs of boards and commissions serving the county
government on legal matters relating to the performance of their official duties. The
County Attorney shall prepare and render written legal opinions to county officials. The
County Attorney shall give legal advice to the County Mayor and to the County
Commission regarding the issuance and sale of county bonds and shall prepare and
execute all necessary legal papers pertaining thereto when requested by the County
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Mayor or the County Commission. In the event of conflicting requests among county
officials, the County Attorney shall act in the best interest of Haywood County.
SECTION 2. Chapter 350 of the Private Acts of 1945, as amended by Chapter 246 of
the Private Acts of 1974, and any acts amendatory thereto, is amended by adding the following
new section:
SECTION 9. The County Commission may employ legal counsel other than, or
in addition to, the County Attorney when such additional or specialized counsel is
deemed necessary or appropriate.
SECTION 3. Chapter 350 of the Private Acts of 1945, as amended by Chapter 246 of
the Private Acts of 1974, and any acts amendatory thereto, is amended by deleting "Quarterly
County Court" wherever it appears and substituting "County Commission" and by deleting
"County Judge" wherever it appears and substituting "County Mayor".
SECTION 4. This act shall have no effect unless it is approved by a two-thirds (2/3) vote
of the legislative body of Haywood County. Its approval or nonapproval shall be proclaimed by
the presiding officer of the legislative body and certified to the Secretary of State.
SECTION 5. For the purpose of approving or rejecting the provisions of this act, this act
shall take effect upon becoming a law, the public welfare requiring it. For all other purposes, it
shall take effect as provided in Section 4.
-2- 016889Every fact on this page links to its source, starting with the official bill record.