Tennessee Code Annotated
Tenn. Code Ann. § 5-1-210 (2026)
Charter contents
✓ current as of May 2026
The proposed county charter shall provide:
- (1) For the creation of an alternative form of county government vested with any and all powers that counties are, or may hereafter be, authorized or required to exercise under the Constitution and general laws of the state, and any and all powers and duties of such county that are required or authorized by private acts effective on the date of ratification of such charter, as fully and completely as though the powers were specifically enumerated therein;
- (2) That such chartered county government shall be a public corporation, with perpetual succession, capable of suing and being sued, and capable of purchasing, receiving and holding property, real and personal, and of selling, leasing or disposing of the same to the extent as other counties;
- (3) For a county legislative body, which shall be the legislative body of the county and shall be given all the authority and functions of the legislative body of the county being chartered, with such exceptions and with such additional authority as may be specified elsewhere in this part;
- (4) For the size, method of election, qualification for holding office, method of removal, and procedures of the county legislative body with such other provisions with respect to such body as are normally related to the organization, powers and duties of governing bodies in counties;
- (5) For the assignment of administrative and executive functions to officers of the county government, which officers may be given, subject to such limitations as may be deemed appropriate or necessary, all or any part of the administrative and executive functions possessed by the county being chartered and such additional powers and duties, not inconsistent with general law or the Constitution of Tennessee;
- (6) For the names or titles of the administrative and executive officers of the county government, their qualifications, compensation, method of selection, tenure, removal, replacement and such other provisions with respect to such officers, not inconsistent with general law, as may be deemed necessary or appropriate for the county government;
- (7) For such administrative departments, agencies, boards and commissions as may be necessary and appropriate to perform the functions of county government in an efficient and coordinated manner and for this purpose for the alteration or abolition of existing county offices, departments, boards, commissions, agencies and functions, except where otherwise provided in this part or prohibited by the Constitution of Tennessee;
- (8) For the maintenance and administration of an effective civil service system and of county employees' retirement and pension systems and the regulation of such systems; provided, that nothing in this part or in a charter adopted pursuant to this part shall impair or diminish the rights and privileges of the existing employees under civil service or in the existing county employees' retirement and pension systems. Nothing in this subdivision (8) shall be construed to require any county to establish a civil service system or to establish and maintain its own retirement and pension system in the adoption of a charter form of county government;
- (9) For the method and procedure by which such charter may subsequently be amended; provided, that no such amendment shall be effective until submitted to the qualified voters of the county and approved by a majority of those voters voting thereon;
- (10) For such procedures, methods and steps as are determined to be necessary or appropriate to effectuate a transition from the existing county government to the chartered form of county government;
- (11) Such terms and provisions as are contained in any private act with respect to any county owned utility supported by its own revenues and operated, administered and managed pursuant to such private act; provided, that such terms and provisions of the charter may subsequently be amended pursuant to subdivision (9); and
- (12) That the duties of the constitutional county officers as prescribed by the general assembly shall not be diminished under a county charter form of government; provided, that such officers may be given additional duties under such charters.
Acts 1979, ch. 402, § 10; T.C.A., § 5-130.
Notes of Decisions
Cited in 5
cases, 1996–2007 · leading case: Bailey v. Cnty. of Shelby, 188 S.W.3d 539 (Tenn. 2006).
Bailey v. Cnty. of Shelby, 188 S.W.3d 539 (Tenn. 2006). “Further, the plaintiffs rely upon Tennessee Code Annotated section 5-1-210(12) for the proposition that the “duties” of elected county officers may not be “diminished” by chartered counties unless the legislature authorizes it.”
Jordan v. Knox Cnty., 213 S.W.3d 751 (Tenn. 2007). “Tenn.Code Ann. § 5-1-210 (emphasis added).”
Cnty. of Shelby v. McWherter, 936 S.W.2d 923 (Tenn. Ct. App. 1996). “Further evidence of the Legislature’s power to affect home rule counties, through the passage of general laws, is found in the language of T.C.A. § 5-1-210 (1991), which states: The proposed county charter shall provide: (1) For the creation of an alternative form of county…”
Walter Bailey v. Cnty. of Shelby (Tenn. Ct. App. 2005). “Tenn. Code Ann. § 5-1-210 (1998). The Tennessee Code mandates that a county charter must provide for a legislative branch.”
Walter Bailey v. Cnty. of Shelby - Dissenting (Tenn. Ct. App. 2005). “The crux of the dispute is whether the enabling legislation, in particular T.C.A. § 5-1-210 (4), is unconstitutional by virtue of Tenn.”
Tenn. Code Ann. § 5-1-210(12): 3 cases
Jordan v. Knox Cnty., 213 S.W.3d 751 (Tenn. 2007). “Tenn.Code Ann. § 5-1-210 (emphasis added).”
Bailey v. Cnty. of Shelby, 188 S.W.3d 539 (Tenn. 2006). “Further, the plaintiffs rely upon Tennessee Code Annotated section 5-1-210(12) for the proposition that the “duties” of elected county officers may not be “diminished” by chartered counties unless the legislature authorizes it.”
Walter Bailey v. Cnty. of Shelby (Tenn. Ct. App. 2005). “Tenn. Code Ann. § 5-1-210 (1998). The Tennessee Code mandates that a county charter must provide for a legislative branch.”
Tenn. Code Ann. § 5-1-210(3): 3 cases
Jordan v. Knox Cnty., 213 S.W.3d 751 (Tenn. 2007). “Tenn.Code Ann. § 5-1-210 (emphasis added).”
Bailey v. Cnty. of Shelby, 188 S.W.3d 539 (Tenn. 2006). “Further, the plaintiffs rely upon Tennessee Code Annotated section 5-1-210(12) for the proposition that the “duties” of elected county officers may not be “diminished” by chartered counties unless the legislature authorizes it.”
Walter Bailey v. Cnty. of Shelby (Tenn. Ct. App. 2005). “Tenn. Code Ann. § 5-1-210 (1998). The Tennessee Code mandates that a county charter must provide for a legislative branch.”
Tenn. Code Ann. § 5-1-210(4): 4 cases
Bailey v. Cnty. of Shelby, 188 S.W.3d 539 (Tenn. 2006). “Further, the plaintiffs rely upon Tennessee Code Annotated section 5-1-210(12) for the proposition that the “duties” of elected county officers may not be “diminished” by chartered counties unless the legislature authorizes it.”
Jordan v. Knox Cnty., 213 S.W.3d 751 (Tenn. 2007). “Tenn.Code Ann. § 5-1-210 (emphasis added).”
Walter Bailey v. Cnty. of Shelby (Tenn. Ct. App. 2005). “Tenn. Code Ann. § 5-1-210 (1998). The Tennessee Code mandates that a county charter must provide for a legislative branch.”
Walter Bailey v. Cnty. of Shelby - Dissenting (Tenn. Ct. App. 2005). “The crux of the dispute is whether the enabling legislation, in particular T.C.A. § 5-1-210 (4), is unconstitutional by virtue of Tenn.”
Tenn. Code Ann. § 5-1-210(6): 1 case
Jordan v. Knox Cnty., 213 S.W.3d 751 (Tenn. 2007). “Tenn.Code Ann. § 5-1-210 (emphasis added).”
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