54-7-104 - Tennessee highway officials certification board. - Tennessee Statutes

54-7-104. Tennessee highway officials certification board.

(a)  (1)  Subject to subdivision (a)(7), there is created and established the Tennessee highway officials certification board, referred to as the “board,” which shall be composed of five (5) members as follows:

          (A)  One (1) member appointed by the secretary of state;

          (B)  One (1) member appointed by the director of the Tennessee chapter of the American Public Works Association;

          (C)  One (1) member appointed by the governor from a list of nominees submitted by the representative professional engineering society of the state;

          (D)  One (1) member appointed by the comptroller of the treasury; and

          (E)  One (1) member appointed by the executive director of the Tennessee county services association.

     (2)  The board has and shall exercise the power to review the qualifications of all candidates for both elected and appointed positions as chief administrative officer of the county or metropolitan government departments that build and maintain the roads of the county. Candidates for this office in counties where the position is filled by popular election shall file affidavits and other evidence the board requires with the board not later than fourteen (14) days prior to the qualifying deadline for candidates in the election. After review of the qualifications and the standards required for that county, the board shall certify to the coordinator of elections, who shall forward the certification to the appropriate county election commission, that a candidate's qualifications are acceptable prior to the candidate's name being placed on the ballot. A certificate of qualification from the board shall be filed with the candidate's qualifying petition prior to the qualifying deadline. Candidates for this office in the counties where the position is appointed shall also file evidence satisfactorily demonstrating that they meet the qualifications to hold the office with the board prior to appointment to the office.

     (3)  Members of the board shall serve for a term of two (2) years. The appointee representing the secretary of state shall serve as the chair of the board. Upon the death, resignation, or removal of any appointive member, a replacement shall be appointed by the party representing the same area of interest as the member whose position has been vacated to fill the unexpired term of the member. The terms of the members of the board shall begin on July 1, 1997.

     (4)  No chief administrative officer of a county or metropolitan highway department shall be appointed to the board if that person may become subject to reelection or reappointment as a chief administrative officer during that person's term of service on the board.

     (5)  The board shall only meet as is necessary to fulfill its duties. All materials or correspondence submitted to the board shall be received through the office of the coordinator of elections, who shall forward the materials or correspondence to the board. The board shall keep complete and accurate records of the proceedings of all its meetings, a copy of which shall be kept on file in the office of the coordinator of elections and open to public inspection.

     (6)  Subject to the approval of the secretary of state, the board may promulgate rules to be followed by persons wishing to submit themselves for certification as qualified to seek the office of the chief administrative officer of the county or metropolitan highway department. The board shall submit any promulgated rules pertaining to the qualifications for the office of chief administrative officer to the administrator of elections of each affected county election commission who shall publish the rules in a local newspaper with general circulation in the county at least sixty (60) days before the qualifying deadline for either the primary or general election, or appointment by the legislative body of the county.

     (7)  This subsection (a) and subdivision (b)(1)(A) shall not apply:

          (A)  In counties having a metropolitan form of government and a population in excess of one hundred thousand (100,000), according to the 1990 federal census or any subsequent federal census; or

          (B)  In counties having populations, according to the 1990 federal census or any subsequent federal census, of:

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(b)  (1)  (A)  Except as provided in subdivisions (b)(1)(B) and (C), in each county of the state, in order to qualify for the office of the chief administrative officer of the county or metropolitan government departments that build and maintain the roads of the county, a person shall be a graduate of an accredited school of engineering, with at least two (2) years of experience in highway construction or maintenance or be licensed to practice engineering in Tennessee; or shall have had at least four (4) years' experience in a supervisory capacity in highway construction or maintenance; or a combination of education and experience equivalent to either of the above, as evidenced by affidavits filed with the Tennessee highway officials certification board. In no event shall the chief administrative officer have less than a high school education or a general equivalency diploma (GED).

          (B)  (i)  This subsection (b) shall not apply to any chief administrative officer incumbent in office on April 5, 1974, or to any candidate for the office qualifying for or being elected to the office in 1974.

                (ii)  This subsection (b) shall not apply to chief administrative officers incumbent in office on February 6, 1976, in counties having a population of not less than fifty-six thousand two hundred (56,200) nor more than fifty-six thousand three hundred (56,300), according to the 1970 federal census or any subsequent federal census; furthermore, these incumbent officers may succeed themselves in office.

                (iii)  This subsection (b) shall not apply in counties having a population, according to the 1990 federal census or any subsequent federal census of:

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          (C)  (i)  Subdivision (b)(1)(C)(ii) shall apply:

                     (a)  In counties having a metropolitan form of government and a population in excess of one hundred thousand (100,000), according to the 1990 federal census or any subsequent federal census; or

                     (b)  In counties having populations, according to the 1990 federal census or any subsequent federal census, of

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                (ii)  In each county of the state, in order to qualify for the office of the chief administrative officer of the county or metropolitan government departments that build and maintain the roads of the county, a person shall be a graduate of an accredited school of engineering, with at least two (2) years of experience in highway construction or maintenance or be licensed to practice engineering in Tennessee; or shall have had at least four (4) years of experience in a supervisory capacity in highway construction or maintenance; or a combination of education and experience equivalent to either of the above, as evidenced by affidavits filed with the appointing authority or with the state coordinator of elections, when the chief administrator is an elected official. In no event shall the chief administrative officer have less than a high school education or a GED. In the case of elected officials, candidates shall file affidavits and other evidence the state coordinator of elections may require with the state coordinator of elections not later than fourteen (14) days prior to the qualifying deadline for candidates in the election. The state coordinator of elections shall certify to the county election commission that a candidate's qualifications are acceptable prior to the candidate's name being placed on the ballot, and the certificate of qualification shall be filed with a candidate's qualifying petition prior to the qualifying deadline. Subject to approval by the secretary of state, the state coordinator of elections may promulgate rules to be followed by persons wishing to submit themselves for certification as qualified to seek the office of chief administrative officer of the county highway department.

     (2)  The sole educational or experience qualification for the office of the chief administrative officer of the county or metropolitan government departments that build and maintain the roads of a county shall be a high school education or GED in counties having the following populations, according to the 1970 federal census or any subsequent federal census:

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     (3)  This subsection (b) shall not apply in any county having a population of not less than eight thousand six hundred fifty (8,650) nor more than eight thousand seven hundred fifty (8,750), according to the 1980 federal census or any subsequent federal census. In that county the qualifications for the chief administrative officer shall be at least four (4) years of experience in a supervisory capacity in highway construction or maintenance.

     (4)  This subsection (b) shall not apply to any county having a population of not less than fifteen thousand six hundred seventy-five (15,675) nor more than fifteen thousand seven hundred seventy-five (15,775), according to the 1980 federal census or any subsequent federal census.

     (5)  In any county having a population of not less than forty-four thousand five hundred (44,500) and not more than forty-five thousand (45,000), according to the 1990 federal census or any subsequent federal census, the sole educational or experience qualification for the office of chief administrative officer of the county or metropolitan government departments that build and maintain the roads of the county shall be a high school education or GED.

     (6)  In any county having a population of not less than twenty-six thousand one hundred (26,100) nor more than twenty-six thousand four hundred (26,400), according to the 1990 federal census or any subsequent federal census, if only one (1) candidate meeting the minimum qualifications in subdivision (a)(1) for chief administrative officer has filed to qualify for election to the office prior to the qualifying deadline or the only qualified candidate legally withdraws, then the county election commission shall extend the qualifying deadline for ten (10) days. During the ten-day period, a candidate who meets the minimum requirements of a high school education or a GED may qualify for election to the office of chief administrative officer of the county department that builds and maintains the roads of that county.

     (7)  In any county having a population of not less than thirty-seven thousand one hundred (37,100) nor more than thirty-seven thousand four hundred (37,400), according to the 2000 federal census or any subsequent federal census, the sole educational and experience qualification for the office of the chief administrative officer of the county department that builds and maintains roads of the county shall be a high school education or GED.

(c)  Incumbent chief administrative officers on April 5, 1974, shall be able to succeed themselves in office without limitation as to the number of terms.

(d)  Any provision in this section requiring a chief administrative officer to have a high school diploma or GED shall only be deemed to be satisfied if the candidate for office can demonstrate that the candidate has obtained a high school diploma or its equivalent in educational training as recognized by the state board of education.

[Acts 1974, ch. 738, § 3; 1976, ch. 583, § 1; 1976, ch. 728, § 1; 1977, ch. 193, § 2; impl. am. Acts 1978, ch. 934, §§ 7, 36; Acts 1979, ch. 127, § 1; T.C.A., § 54-1004; Acts 1982, ch. 550, § 1; 1982, ch. 636, § 1; 1982, ch. 687, §§ 1, 2; 1983, ch. 39, § 1; 1983, ch. 113, § 1; 1983, ch. 360, § 1; 1986, ch. 695, § 1; 1987, ch. 61, § 1; 1987, ch. 340, § 1; 1989, ch. 77, §§ 1, 2; 1990, ch. 811, § 1; 1990, ch. 1015, §§ 1, 2; 1991, ch. 416, § 1; 1991, ch. 494, § 1; 1992, ch. 705, § 1; 1992, ch. 741, § 1; 1995, ch. 138, §§ 1, 2; 1997, ch. 205, §§ 1-7; 1998, ch. 653, § 1; 1999, ch. 67, § 1; 2001, ch. 193, §§ 1-3.]