2018 Tennessee Code
Title 8 - Public Officers and Employees
Chapter 30 - State Service
Part 1 - General Provisions
§ 8-30-104. Authority of commissioner -- Supervisory personnel -- Designees.

(a) The commissioner, as executive head of the department of human resources, shall direct and supervise all administrative and technical human resources activities of state service. In addition to other authority and responsibilities imposed upon the commissioner by law, the commissioner shall have the authority to:

• (1) Survey the administrative organization and procedures, including personnel procedures, of all state agencies, and submit to the governor measures to do the following among state agencies:

  • (A) Secure greater efficiency and economy;

  • (B) Minimize the duplication of activities; and

  • (C) Effect better organization and procedures;

• (2) Prescribe rules and regulations for the administration and execution of this chapter in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5;

• (3) Develop personnel policies, methods, procedures, and standards for all state agencies;

• (4) Establish and maintain a roster of all employees in state service;

• (5) Appoint such departmental employees, experts, and special assistants as may be necessary to carry out this chapter;

• (6) Establish, execute and administer a classification and compensation plan for all employees in state service;

• (7) Approve or disapprove and record the appointments, transfers, demotions, promotions, suspensions, dismissals, layoffs, reclassifications, reappointments, resignations, sick, annual, compensatory and special leave, and hours of service of employees;

• (8) Implement a job performance evaluation system for employees in state service;

• (9) Make available education development specialists, who will administer educational and training programs for employees in the state service, including legal compliance, professional skills, talent development and leadership development. The commissioner shall approve any out-service training for state employees;

• (10) Require that appointing authorities notify the employee of the right to appeal the employee's dismissal, demotion or suspension, if any such right exists, and the time in which the employee must exercise the employee's right to appeal;

• (11) Make available employee relations specialists to:

  • (A) Offer assistance in employment related problems; and

  • (B) Help employees understand the procedures that are available for appeals;

• (12) Evaluate the need for existing positions and approve new positions in state service and compensation for such positions;

• (13) Check all payrolls and other compensation for personal services, and supply the information to the commissioner of finance and administration, before the same may be properly authorized for payment;

• (14) Investigate personnel, salary rate and ranges, and employment conditions in state service as may be requested by the governor, and require the attendance of witnesses and production of documentary evidence pertinent to any such investigation;

• (15) Process for payroll entry the personnel records of the state special schools; the state board of education shall have the exclusive authority to employ such personnel and determine their compensation;

• (16)

  • (A) In consultation with the commissioner of finance and administration, to designate a position or positions of appropriate classification within each executive branch agency of state government as chief fiscal officer or officers for that agency. Qualifications and appointments to fill any such position that, from time to time, may be vacant shall be in accordance with procedures established by the commissioner of human resources, with the approval of the commissioner of finance and administration;

  • (B) For the purposes of this subdivision (a)(16), "chief fiscal officer" means the position within a state agency that has overall daily responsibility for oversight of the agency fiscal operation;

• (17) Implement, administer, and enforce this chapter and rules and policies adopted under this chapter; and

• (18) Perform any other lawful acts that the commissioner considers necessary or desirable to carry out this chapter.

(b) All supervisory personnel, during the time such person is employed by the state to hold such position, shall be physically present in Tennessee while supervising employees working within Tennessee unless business reasons require out-of-state travel. Supervisory personnel shall include any person who oversees, directs or manages the work, work flow, or employees in the performance of their daily duties. Nothing in this subsection (b) shall be construed as prohibiting telework policies issued by the department.

(c) The commissioner and appointing authorities may appoint a designee as they deem necessary to act within the scope of this chapter.