2010 Tennessee Code
Title 41 - Correctional Institutions And Inmates
Chapter 2 - County Workhouses
41-2-104 - Board of workhouse commissioners Alternative administration.

41-2-104. Board of workhouse commissioners Alternative administration.

(a)  When any county has established a separate workhouse, or the jail in any county has been declared a workhouse, the county legislative body thereof shall elect four (4) competent persons, who, in conjunction with the county mayor, shall be known as the board of workhouse commissioners, of which the county mayor shall be, ex officio, chair of the board.

(b)  Two (2) of the commissioners shall serve for the term of one (1) year and two (2) for the term of two (2) years; and annually thereafter, on the first Monday in January, the county legislative body shall elect two (2) commissioners for the term of two (2) years, and all vacancies shall be filled by like election for the unexpired term of the commissioner whose place is to be supplied.

(c)  The workhouse commissioners shall take an oath faithfully to discharge and perform the duties of their office, which oath shall be filed with the county clerk, and a record of the same made on the minutes of the county legislative body; and they shall appoint one (1) of their number secretary.

(d)  Where a separate workhouse has been established, the commissioners shall have charge, supervision and control of the workhouse in all of its departments, the inmates, the appointment or selection of a superintendent of the workhouse, all necessary guards and other employees, the discharging thereof at any time, in the discretion of the commissioners, and generally to regulate and control that department of the county's business.

(e)  The board of commissioners shall:

     (1)  Meet once each month, and more often if necessary, for the transaction of business, at the office of the county mayor;

     (2)  Keep, in a well-bound book to be furnished by the county, full and complete minutes of their proceedings;

     (3)  Examine all accounts submitted to them by the superintendent, approve the accounts if found correct, and enter them on their minutes, showing from whom supplies were furnished, and for what purpose, and the amount. The chair and secretary shall sign the accounts, and deliver them to the county mayor, who shall issue a warrant for their payment, and keep a record of the accounts, designating to whom issued, and for what purpose, and shall preserve the vouchers; and

     (4)  Visit and inspect the workhouse prisoners, where at work, as often as necessary.

(f)  Three (3) members of the board shall constitute a quorum for the transaction of business.

(g)  The board of commissioners shall each receive such compensation as may be fixed by the county legislative body, to be paid quarterly upon warrant of the executive.

(h)  (1)  (A)  As an alternative to a board of workhouse commissioners, any county may, upon the recommendation of the county mayor and a resolution passed by a two-thirds (2/3) vote of the county legislative body, place the operation, supervision and control of the county workhouse under the administrative control of the county mayor. If a county chooses the alternative provided by this subdivision (h)(1), the county mayor shall possess the same powers, duties and responsibilities as are provided by this section for the board of workhouse commissioners.

          (B)  As a further alternative to a board of workhouse commissioners, any county may, upon recommendation by the county mayor, and by resolution of the county legislative body, place the operation, supervision and control of the county workhouse under the administrative control of the county sheriff. Administrative control of the workhouse shall be subject to the terms and conditions as the county legislative body and the sheriff may agree. Notwithstanding any provisions of law to the contrary, the agreement between the county legislative body and the sheriff may provide for the payment of additional compensation to the sheriff for the services. If a county chooses this further alternative as provided in this subdivision (h)(1), the sheriff shall possess the same powers, duties and responsibilities as are provided by this section for the board of workhouse commissioners, unless otherwise provided by the agreement between the county legislative body and the sheriff.

     (2)  The provisions of subdivision (h)(1) shall not apply in any county having a population of not less than three hundred nineteen thousand six hundred twenty-five (319,625) nor more than three hundred nineteen thousand seven hundred twenty-five (319,725) according to the 1980 federal census or any subsequent federal census.

[Acts 1891, ch. 123, §§ 3, 5, 6; Shan., §§ 7400-7402, 7404, 7406, 7408; Code 1932, §§ 12012-12015, 12017, 12019; impl. am. Acts 1978, ch. 934, §§ 7, 16, 22, 36; T.C.A. (orig. ed.), §§ 41-1206 41-1211; Acts 1984, ch. 855, § 1; 1988, ch. 861, § 1; 1997, ch. 100, § 1; 2003, ch. 90, § 2.]