Attorney General Opinions 
Relating to County Government

2013 Conflicts of Interest

• A county commissioner who is also an employee of the county school system may vote on the school budget only if the commissioner was an employee before becoming a commissioner and the commissioner informs the body of the interest immediately prior to the vote.  If a contract exists between a company owned by a county commissioner and the county school system, a prohibited conflict exists under T.C.A. § 12-4-101 and the commissioner cannot vote on the budget.  If a commissioner has a pending application before the school board for a charter school, the commissioner could vote on the school budget because there is no contract in place and no school funds associated with it.  Opinion No. 13-89 (November 12, 2013).

• A person elected to the General Assembly may not serve as a member of a county soil conservation district because both are state offices. A person is not prohibited by the constitution from serving simultaneously in a state office and a county office, but holding such dual offices could be prohibited under common law or local laws or charters.  Opinion No. 13-18 (March 6, 2013).