2010 Tennessee Code
Title 4 - State Government
Chapter 34 - Commission of Indian Affairs
Part 1 - General Provisions
4-34-104 - Members.

4-34-104. Members.

(a)  The Tennessee commission of Indian affairs shall consist of at least seven (7) members as follows:

     (1)  One (1) member from each of the four (4) metropolitan areas: Shelby, Davidson, Knox and Hamilton, and counties contiguous thereto;

     (2)  One (1) member from each of the three (3) grand divisions of the state; and

     (3)  One (1) member from each Native American Indian nation or tribe located within Tennessee, and recognized by the state per recognition guidelines established by the commission.

(b)  (1)  The Tennessee Native American convention shall submit a list of not less than two (2) names for each position on the commission to be appointed.

     (2)  Accompanying each nominee's name submitted shall be a resume, including the nominee's educational background, work history, heritage, description of why the nominee would be a suitable commissioner and the democratic process and results that led to the nomination.

     (3)  Preference in selection of at least five (5) Indian commissioners shall be given to Native American Indians, i.e., persons having origins in any of the original peoples of North America, and who maintain cultural identification through tribal affiliation or community recognition.

     (4)  Each member of the commission of Indian affairs shall be a resident of Tennessee.

(c)  From the names submitted by the Tennessee Native American convention, the speaker of the senate shall appoint two (2) commissioners from two (2) areas, the speaker of the house shall appoint two (2) commissioners from two (2) areas and the governor shall appoint three (3) commissioners from three (3) areas. The governor shall appoint no more than two (2) commissioners from metropolitan areas, and each speaker shall appoint no more than one (1) member from metropolitan areas.

(d)  If the speaker of the house does not make the appointments within ninety (90) calendar days, the appointments shall be made by the speaker of the senate. If the speaker of the senate does not make the appointments within ninety (90) calendar days, the appointments shall be made by the governor. If the governor does not make the appointments within ninety (90) calendar days, the appointments shall be made by the speaker of the house.

(e)  Commissioners shall serve for four-year terms and shall continue in office until the expiration of their terms for which they were respectively appointed and until such time as their successors are appointed.

(f)  Commissioners shall be at least eighteen (18) years of age upon their appointment and shall have been residents of Tennessee for at least one (1) year.

(g)  To stagger the terms of the commission members, the speakers shall make the initial appointments from the list of nominees in the following manner:

     (1)  The initial terms of commissioners from the three (3) grand divisions shall end on October 30, 2003; and

     (2)  The initial terms of the commissioners from the four (4) metropolitan areas shall end on October 30, 2005.

(h)  Any member appointed to fill a vacancy shall be appointed for the remainder of the term of the member causing the vacancy. The appointing authority of the vacancy shall rotate among the appointing authorities.

(i)  The members of the commission shall elect a chair, a vice chair and a secretary from among its members. Officers shall serve terms of two (2) years.

(j)  Commission members shall serve without compensation.

[Acts 2003, ch. 344, § 5.]