Attorney General Opinions 
Relating to County Government

2002 Conflicts of Interest

• In a county under the County Financial Management System of 1981, a county school board member would not be prohibited from contracting with the county to provide counseling services to the county sheriff’s department.  The conflict of interest provision contained in the 1981 act, T.C.A. § 5-21-121, applies only to contracts for supplies, materials and equipment and not to contracts for personal services. Assuming the school board has no authority to vote for, let out, overlook or superintend the contract, it also is not prohibited by T.C.A. § 12-4-101.  County employees are not prohibited under T.C.A. § 5-21-121 from also holding any of the positions listed in the statute, but there may be other statutes that prohibit the employment.  Except for the narrow exception of a county commissioner in T.C.A. § 12-4-101, a violation of the general conflict of interest statute or T.C.A. § 5-21-121 has no effect on the validity of an official’s vote.  Opinion No. 02-128 (November 25, 2002).

• A member of the Franklin County Election Commission may not also serve as a member of the Franklin County Civil Service Board.  Opinion No. 02-121 (October 30, 2002).

• An elected county official may be appointed to and serve on the State Election Commission, but such person would be prohibited from running for re-election to the county office or for election to any other state or local office.  Opinion No. 02-117 (October 22, 2002).