2010 Tennessee Code
Title 4 - State Government
Chapter 24 - Firefighting Training and Standards
Part 1 - Commission on Firefighting Personnel Standards and Education
4-24-104 - Members.

4-24-104. Members.

(a)  The commission shall be composed of nine (9) members appointed by the governor.

(b)  The commissioner of education shall be an ex officio nonvoting member.

(c)  (1)  Commission members shall be persons qualified by experience or education in the area of fire protection and related fields.

     (2)  In making appointments to the commission, the governor shall strive to ensure that at least one (1) person appointed to serve on the commission is sixty (60) years of age or older and that at least one (1) person appointed to serve on the commission is a member of a racial minority.

(d)  Commission members shall be appointed for six-year terms.

(e)  The governor shall fill by appointment vacancies occurring during terms.

(f)  Each grand division of the state shall be represented on the commission.

(g)  At least two (2) of the members appointed to the commission shall be persons who are either associated with an all-volunteer firefighting unit or who are not engaged as professional or volunteer firefighters.

(h)  Notwithstanding any provision of law to the contrary, at least two (2) of the members appointed to the commission shall be selected from candidates approved by the governing body of the Tennessee Professional Fire Fighters Association in accordance with the following procedure:

     (1)  Within two (2) weeks after the occurrence of a vacancy in the office of any commissioner caused by death, resignation, disability or forfeiture of office, and no later than thirty (30) days prior to the expiration of the term of office of any incumbent commissioner, the chair of the commission shall notify the president of the association of the vacancy of the office or the expiration of the term, if the vacancy or expiration does or shall result in fewer than two (2) of the remaining commissioners not having been selected in accordance with the procedure set forth in this subdivision (h)(1);

     (2)  Within twenty-one (21) days after the receipt of such notice, the governing body of the association may certify to the governor a list of three (3) nominees to fill such vacancy, and shall certify such list of nominees in order of preference;

     (3)  Within twenty-one (21) days after the issuance of such certification to the governor, the governor may appoint one (1) of the nominees to fill such vacancy for the remainder of the interrupted term, or for the next term, as the case may be; provided, that the governor may reject all nominees by written objection mailed to the president of the association within the twenty-one-day period, in which event the governing board of the association may submit a second list of three (3) appointees, certifying order of preference, and the governor may likewise reject all such nominees by written objection in the manner provided in this subdivision (h)(3), in which event the procedure of objection by the governor and certification of additional names by the governing body of the association shall continue until the vacancy is filled; and

     (4)  In the event the governor shall fail to exercise the governor's appointive power or power to object within the applicable twenty-one-day period, then the first name listed on the last list of recommended nominees shall be the appointee by operation of law; in the event the governing body of the association shall fail to certify nominees as permitted in subdivision (h)(2), the governor may fill the vacancy as otherwise provided, until the next vacancy or expiration of the term of the member, as the case may be.

(i)  A member whose term expires shall continue to serve on the commission until a new member is appointed.

(j)  No state employee, including full-time and part-time employees, shall be appointed to serve on the commission. This subsection (j) shall not affect the terms of the current members of the commission on firefighting personnel standards and education, but all appointments after April 11, 2007, shall be made so as to meet the requirements established in this subsection (j), as terms expire and vacancies occur.

[Acts 1974, ch. 726, § 4; 1979, ch. 258, § 2; T.C.A., § 4-2404; Acts 1986, ch. 824, § 1; 1988, ch. 1013, § 7; 2003, ch. 249, § 1; 2004, ch. 427, § 1; 2007, ch. 16, § 1.]