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1990 Tennessee Attorney General Reports and Opinions 1 (1990)

handle is hein.sag/sagtn0096 and id is 1 raw text is: OPINIONS OF THE ATTORNEY GENERAL OF TENNESSEE
Published by Authority of Chapter 276
Public Acts of 1971
February 1990
90-22    CONFLICT OF INTEREST: Public Officers and Employees:
Certain situations regarding contracts with state
colleges and universities may present a conflict of
interest when the presidents and chancellors of these
state universities and colleges sit on the board of
directors of the contracting corporations; or when a
member of the Board of Trustees or Board of Regents is
a CEO, officer, or member of the board of directors of
the contracting corporation; members of the Board of
Trustees of a state college or university, the Board
of Regents, the Board of Education or the Tennessee
Higher Education Commission could not possess a direct
interest as defined by T.C.A. S12-4-101(a) in any
contract with institutions controlled by their
particular board. T.C.A. 512-4-101, 549-8-203,
549-9-207.
90-27    CONSTITUTIONAL LAW, TENNESSEE: Attorneys for
State-Removal: State and County Officers:
Judges-Removal: An officer whose removal is not
governed by the Tennessee Constitution may be removed
under an appropriate statute due to a presentment or
indictment  or an offense related to the office; an
officer whose removal is not governed by the Tennessee
Constitution may be removed under an appropriately
drawn statute due to a presentment or indictment for a
felony which is not related to the duties and
responsibilities of the office; the general rule is
that an officer who is lawfully suspended is not
entitled to compensation during the period of
suspension; the application of such legislation to
conduct occurring prior to its enactment is
constitutionally suspect; the nature of the hearing
depends on exactly what the statute requires; if
suspension or removal requires an indictment or
presentment and nothing more, then an extensive
hearing is not required; the fact of indictment or

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