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.

Tenn. Code Ann. § 2-1-112 has been amended since 2013, and the specific compensation framework for the Roane County Board of Public Utilities under § 5-16-103(f)(7)(A) may also have changed. Anyone evaluating a current dual-service question should pull current statute text and the specific county's compensation rules.

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 basic concern is partisan independence and the appearance of conflict of interest. Election commissioners administer elections, including the elections in which county officials and their friends run for office. If commissioners are themselves county employees (and therefore on the county payroll), the structural conflict undermines public confidence in election integrity.

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

The AG concluded yes. The opinion drew a clear line: any compensation authorized by statute and paid by the county was enough. No minimum dollar amount applied. The reasoning was that even modest compensation creates an employment relationship for purposes of the conflict-of-interest rule.

What if the utility board member volunteered without pay?

A volunteer board member who received no compensation would arguably not be a county "employee" under this opinion's reasoning. The opinion focused specifically on the compensation factor. A no-pay member might be able to serve on the election commission, but practical conflicts (the utility board still served at the will of the county commission and was integrated into county government) might still create concerns under other doctrines.

Are there exceptions in § 2-1-112?

The statute does contain certain exceptions and qualifications elsewhere in its subsections. The AG opinion addressed only the basic rule and didn't analyze any exceptions, which would depend on the specific position and county.

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

The opinion didn't address remedies, but the typical Tennessee approach is that accepting the second incompatible office automatically vacates the first. A quo warranto proceeding by the state or an interested party can be brought to formally remove the holder. Practically, the State Coordinator of Elections would have written to the Roane County Election Commission to require the member to resign one role.

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