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Tenn. Code Ann. § 27-9-114

Proceedings involving certain public employees

Applied in 10 court decisions — leading case City of Memphis v. Civil Service Commission (2007)

Most recently applied in Mickel G. Hoback v. City of Chattanooga (September 2015)

Acts 1949, ch. 266, §§ 1, 2; C

How often courts cite this section

20072010201530
citing decisions per year

Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.

(1) Contested case hearings by civil service boards of a county or municipality which affect the employment status of a civil service employee shall be conducted in conformity with contested case procedures under the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, part 3.

(2) The provisions of subdivision (a)(1) pertaining to hearings by civil service boards shall not apply to municipal utilities boards or civil service boards of counties organized under a home rule charter form of government.

(3) Judicial review of decisions by civil service boards of a county or municipality which affects the employment status of a county or city civil service employee shall be in conformity with the judicial review standards under the Uniform Administrative Procedures Act, § 4-5-322.

(4) Petitions for judicial review of decisions by a city or county civil service board affecting the employment status of a civil service employee shall be filed in the chancery court of the county wherein the local civil service board is located.

(5) In any appeal pursuant to this section deemed by the court to be frivolous, the sanctions of the Federal Rules of Civil Procedure, Rule 11 may be applied by the chancellors.

(6) This section shall not apply to the benefit board of any county having a metropolitan form of government that has a population in excess of five hundred thousand (500,000), or to the benefit board of any county having a population in excess of eight hundred thousand (800,000), both according to the 2000 federal census or any subsequent federal census. This subsection (c) shall have no effect in any county unless it is approved by a resolution adopted by a two-thirds (2/3) vote of the legislative body of any county to which this subsection (c) applies. The approval or nonapproval of this subsection (c) shall be proclaimed by the presiding officer of the legislative body and certified to the secretary of state.

Current official text: Tennessee Code (LexisNexis). Digitized from the UniCourt Code Improvement Commission public-domain capture. Reproduced from public-domain Tennessee statutes; confirm against the official source for the current text. Not legal advice.