Tennessee Code Annotated

Tenn. Code Ann. § 8-17-102 (2026)

Chapter definitions - Application to jointly created instrumentalities, utility districts and school districts

✓ current as of May 2026

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(a) As used in this chapter, unless the context otherwise requires:
- (1) "Commission" means the Tennessee ethics commission;
- (2) "County" means a county, metropolitan or consolidated government, inclusive of any boards, commissions, authorities, corporations or other instrumentalities appointed or created by the county or an official of the county. Furthermore, for the purpose of this chapter, the county election commission shall be considered an instrumentality of county government; and the administrator of elections and other employees of the election commission shall be considered county employees. Likewise, for the purpose of this chapter, the county health department shall be considered a county department and its employees shall be considered county employees;
- (3) "Ethical standards" includes rules and regulations regarding limits on, and/or reasonable and systematic disclosure of, gifts or other things of value received by officials and employees that impact or appear to impact their discretion, and includes rules and regulations regarding reasonable and systematic disclosure by officials and employees of their personal interests that impact or appear to impact their discretion. The term "ethical standards" does not include personnel or employment policies or policies or procedures related to operational aspects of governmental entities;
- (4) "Municipality" means an incorporated city or town, inclusive of any boards, commissions, authorities, corporations or other instrumentalities appointed or created by the municipality; and
- (5) "Officials and employees" means and includes any official, whether elected or appointed, officer, employee or servant, or any member of any board, agency, commission, authority or corporation, whether compensated or not, or any officer, employee or servant thereof, of a county or municipality.

(b) If a board, commission, authority, corporation or other instrumentality is created by two (2) or more local government entities, such creating entities shall, by amendment to the interlocal agreement or other agreement creating such joint instrumentality, designate the ethical standards that govern the jointly created instrumentality.

(c) Utility districts shall be considered separate governmental entities and shall be governed by ethical standards established by the board of commissioners of the utility district in conformity with § 8-17-105(b). Water, wastewater and gas authorities created by a private act or under the general law shall be considered separate governmental entities and shall be governed by ethical standards established by the governing board of the water, wastewater or gas authority in conformity with § 8-17-105(b).

(d) County, municipal and special school districts shall be considered separate governmental entities and shall be governed by ethical standards established by the board of education of the school district.

Acts 2006 (1st Ex. Sess.), ch. 1, §49; 2007 , ch. 405, §§ 1, 2; 2008 , ch. 898, § 1.

Notes of Decisions

Cited in 3 cases, 2008–2020 · leading case: David Ellis v. State of Tennessee, 491 F. App'x 659 (6th Cir. 2012).

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David Ellis v. State of Tennessee, 491 F. App'x 659 (6th Cir. 2012). “§ 2-12-210; Tenn.Code Ann. § 8-17-102(a)(2). Under these circumstances, Ellis was for all intents and purposes an employee of the State of Tennessee rather than Bradley County.”

Ellis v. Bradley Cnty., 387 F. App'x 516 (6th Cir. 2008). “§ 2-12-210; Tenn.Code Ann. § 8-17-102(a)(2). Under these circumstances, Ellis was for all intents and purposes an employee of the State of Tennessee rather than Bradley County.”

White v. Chester Cnty., Tennessee (W.D. Tenn. 2020). · cites it 8× “” Tenn. Code Ann. § 8-17-102 (a)(2). The court decided, however, that the greater weight of authority favored a conclusion that an AOE was controlled not by the county but by the State Election Commission, state law, and, ultimately, the State itself.”

— Tenn. Code Ann. § 8-17-102(a)(2) — 2 cases

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