Attorney General Opinions 
Relating to County Government

2007 Conflicts of Interest

• There is no constitutional, statutory, or common law prohibition against an individual serving as a deputy sheriff and being employed as a bus driver in the same county.  Opinion No. 07-159 (December 6, 2007).

• A bank officer, director, or employee may serve in any local office as long as he or she discloses the position to the bank and the local government under T.C.A. § 45-2-405, notwithstanding any other law to the contrary.  Under this statute an officer, director or employee of a bank with which the county does business may serve in any county office, including the county commission, the budget committee, and the purchasing commission.  However, this statute does not cover conflicts of interest arising from an individual being a shareholder in a bank with which the county does business; these conflicts are instead governed by applicable conflict of interest laws.  Under T.C.A. § 12-4-101, if a shareholder has a controlling interest in the bank he or she cannot serve in any position having a duty to vote for, let out, or supervise the contract between the county and the bank, but if the interest is not a controlling interest then it is permitted as long as it is disclosed.  In counties under the County Purchasing Law of 1957, a shareholder of a bank conducting business with the county is prohibited from serving on the county commission, the county budget committee, or the county purchasing commission. Bank shareholders ordinarily do not receive compensation for services, so a violation of T.C.A. § 2-10-124 prohibiting county commissioners from receiving a fee for consulting services would not be violated.  Opinion No. 07-141 (October 10, 2007).

• No statute prohibits an individual with close personal relatives in law enforcement from serving as a judicial commissioner.  However, a judicial commissioner is a judge subject to the Code of Judicial Conduct which requires a judge to disqualify himself in some proceedings involving a close relative.  Also, a judicial commissioner must be neutral and detached in making probable cause determinations, and the existence of a familial relationship with the law enforcement officer who is requesting a warrant or is involved in an investigation may require the judicial commissioner to recuse himself.  Opinion No. 07-123 (August 16, 2007).