Can someone serve on both the Roane County Election Commission and the Roane County Board of Public Utilities at the same time?

Subject

Opinion No. 13-77, County Election Commissioner Serving on County Board of Public Utilities, October 17, 2013

Plain-English summary

State Coordinator of Elections Mark Goins asked whether a member of the Roane County Election Commission could simultaneously serve on the Roane County Board of Public Utilities. The AG said no.

Tenn. Code Ann. § 2-1-112(a)(1) flatly prohibits a long list of officials and government employees from serving on county election commissions: "Neither an elected official nor an employee of a state, county, municipal or federal governmental body or agency or of an elected official may serve as a member of a county election commission or as a member of a county primary board or as an election official."

The question turned on whether members of the Roane County Board of Public Utilities counted as "employees" for purposes of this statute. They were not full-time. But they did receive $100 per month in compensation authorized by Tenn. Code Ann. § 5-16-103(f)(7)(A). The AG noted it had previously ruled in Op. 02-121 that civil-service-board members who were compensated by the county counted as "employees" under § 2-1-112(a)(1) even though they were not full-time. The same logic applied here. The compensation paid to the utility board members was enough to make them county employees within the meaning of § 2-1-112(a)(1).

Currency note

This opinion was issued in 2013. Subsequent statutory amendments, court decisions, or later AG opinions may have changed the analysis. Treat this page as historical context, not current legal advice. Verify current law before relying on any specific rule, deadline, or remedy mentioned here.

For a current dual-service question, check the present text of § 2-1-112 and the utility board's current compensation arrangement. The opinion relies on the Roane County arrangement described in the 2013 request.

Background and statutory framework

Election commission membership bar. Tenn. Code Ann. § 2-1-112(a)(1): "Neither an elected official nor an employee of a state, county, municipal or federal governmental body or agency or of an elected official may serve as a member of a county election commission or as a member of a county primary board or as an election official." The statute didn't define "employee."

Roane County utility board compensation. Tenn. Code Ann. § 5-16-103(f)(7)(A) authorized the Roane County Commission to provide compensation for utility board members. Roane County set the amount at $100 per month.

Prior AG opinion on "employee" definition. Tenn. Att'y Gen. Op. 02-121 at 1-2 (Oct. 30, 2002), held that members of a county Civil Service Board were "employees" within § 2-1-112(a)(1) even though they were not full-time, because the county legislative body provided salary or compensation. The 2013 opinion followed this rule.

Common questions

Why does Tennessee bar government employees from election commissions?

The opinion quotes § 2-1-112(a)(1)'s ban on elected officials and government employees serving as county election commissioners. It does not discuss the legislature's reason for that rule.

Is the $100/month enough to count as "employment"?

The AG concluded that the $100 monthly payment to Roane County Board of Public Utilities members, authorized under § 5-16-103(f)(7)(A), made those members county employees for § 2-1-112(a)(1). The opinion does not set a general minimum or say how another compensation arrangement would be treated.

What if the utility board member volunteered without pay?

The opinion does not decide whether an unpaid utility board member is an "employee" under § 2-1-112(a)(1). Its answer rests on the compensation paid to the Roane County members described in the request.

Are there exceptions in § 2-1-112?

The opinion quotes and applies § 2-1-112(a)(1). It does not analyze other provisions of § 2-1-112 or exceptions for a different position.

What happens if a member is already serving in both roles?

The opinion concludes that a Roane County utility board member receiving the described compensation may not also serve on the county election commission. It does not address the effect of an existing dual appointment or a process for resolving one.

Citations

Tenn. Code Ann. §§ 2-1-112, 2-1-112(a)(1), 5-16-103(f)(7)(A). Prior AG opinion: Tenn. Att'y Gen. Op. 02-121 (Oct. 30, 2002).

Source

• Landing page: https://www.tn.gov/attorneygeneral/opinions.html
• Original PDF: https://www.tn.gov/content/dam/tn/attorneygeneral/documents/ops/2013/op13-077.pdf

Original opinion text

October 17, 2013

Opinion No. 13-77

County Election Commissioner Serving on County Board of Public Utilities

QUESTION

May a member of the Roane County Election Commission also serve as a member of the Roane County Board of Public Utilities?

OPINION

No.

ANALYSIS

The provisions of Tenn. Code Ann. § 2-1-112 expressly prohibit a county or municipal employee from serving on a county election commission, stating in pertinent part as follows:

(a)(1) Neither an elected official nor an employee of a state, county, municipal or federal governmental body or agency or of an elected official may serve as a member of a county election commission or as a member of a county primary board or as an election official.

The statute does not define the term "employee." However, according to the opinion request, the Roane County Commission is authorized pursuant to Tenn. Code Ann. § 5-16-103(f)(7)(A) to provide for the compensation of the members of the Roane County Board of Utilities and members currently receive $100 per month in compensation. This Office has previously opined that members of a county Civil Service Board were "employees" within the meaning of Tenn. Code Ann. § 2-1-112(a)(1), even though they were not full-time, because, pursuant to statutory authority, the county commission provided a salary or compensation for those members. See Tenn. Atty. Gen Op. 02-121, at 1-2 (Oct. 30, 2002). Similarly, the compensation authorized by Tenn. Code Ann. § 5-16-103(f)(7)(A) and provided to members of the Roane County Board of Public Utilities is sufficient to make them employees of the county within the meaning of Tenn. Code Ann. § 2-1-112(a)(1), even if they are not full-time. Accordingly, a member of the Roane County Election Commission may not serve as a member of the Roane County Board of Public Utilities.

ROBERT E. COOPER, JR.
Attorney General and Reporter

WILLIAM E. YOUNG
Solicitor General

JANET M. KLEINFELTER
Deputy Attorney General

Requested by:

The Honorable Mark Goins
State Coordinator of Elections
Division of Elections
312 Rosa L. Parks Avenue, 9th Floor
Nashville, TN 37243-0305