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2003 Tennessee Attorney General Reports and Opinions 1 (2003)

handle is hein.sag/sagtn0001 and id is 1 raw text is: STATE OF TENNESSEE OFFICE OF THE ATTORNEY GENERAL P. 0. Box 20207 NASHVILLE, TENNESSEE 37202 January 3, 2003 Opinion No. 03-001 County Legislative Body - Voting Requirement to Transact Business QUESTION Does Tenn. Code Ann. § 5-5-110, which provides methods for presenting business to a county legislative body, conflict with Tenn. Code Ann. § 5-5-109, which requires a majority vote of all members of the county legislative body to transact business? OPINION No. The methods prescribed by Tenn. Code Ann. § 5-5-110 for presenting business to the county legislative body do not conflict with the requirement of a majority vote to transact business prescribed by Tenn. Code Ann. § 5-5-109. ANALYSIS Tenn. Code Ann. § 5-5-109 provides that a majority of all the members constituting the county legislative body, and not merely a majority of the quorum, shall be required to elect county officials required by law to be elected by the body, fix salaries, appropriate money, and transact all other business coming before the county legislative body in regular or special sessions. By the plain meaning of the statute, the transaction of all business coming before the county legislative body requires a majority vote of all the members constituting the county legislative body. Tenn. Code Ann. § 5-5-110 provides two methods by which business to be transacted by the county legislative body may be presented to it. Tenn. Code Ann. § 5-5-1 10(a) provides that all business for action by the body shall be presented to the chair, who shall announce the same to the body and take the vote thereon. Tenn. Code Ann. § 5-5-1 10(b) provides that no business shall be acted on by the body unless presented as provided in subsection (a), unless the majority of the members present consent. A majority of the members present, of course, could be no more than a simple majority of the quorum and not the majority of all the members constituting the county legislative body required by Tenn. Code Ann. § 5-5-109 to transact business. No conflict exists between these two statutes. Tenn. Code Ann. § 5-5-110 merely prescribes the methods by which business may be presented for action. One method, in fact, requires no vote

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