Source: Tennessee Code/TITLE 13 PUBLIC PLANNING AND HOUSING/CHAPTER 26 HUMAN RESOURCE AGENCIES
CHAPTER 26 - HUMAN RESOURCE AGENCIES
Please Scroll Down Page Instead of Using Links.
Source: Tennessee Code/TITLE 13 PUBLIC PLANNING AND HOUSING/CHAPTER 26 HUMAN RESOURCE AGENCIES/13-26-101. Title.
This chapter shall be known and may be cited as the "Human Resource Agency Act of 1973."
[Acts 1973, ch. 289, § 1; T.C.A., § 13-2101.]
Source: Tennessee Code/TITLE 13 PUBLIC PLANNING AND HOUSING/CHAPTER 26 HUMAN RESOURCE AGENCIES/13-26-102. Creation authorized.
13-26-102. Creation authorized.
The chief elected public officials of various counties and/or cities of the economic development districts established under chapter 14 of this title, are empowered to create a human resource agency. It is the intent of this chapter that there may be four (4) metropolitan human resource agencies (Memphis-Shelby, Nashville-Davidson, Knoxville-Knox, Chattanooga-Hamilton) and no more than nine (9) rural human resource agencies, coterminous with the boundary lines of the development districts. It is the further intent of this chapter that the agencies so created may be the delivery system for human resources, and in no way an infringement on the planning functions of the development districts.
[Acts 1973, ch. 289, § 2; T.C.A., § 13-2102.]
Source: Tennessee Code/TITLE 13 PUBLIC PLANNING AND HOUSING/CHAPTER 26 HUMAN RESOURCE AGENCIES/13-26-103. Governing board - Policy council - Establishment.
13-26-103. Governing board - Policy council - Establishment.
(a) There is established a governing board, the membership of which consists of the county executive of each county within the district, the mayor of each municipality within the district, the chief executive officer of any metropolitan government within the district, one (1) representative from a local agency in each county knowledgeable of and dealing with the problems concerning human resource agencies appointed by the county executive or chair, and one (1) state senator and one (1) state representative whose senatorial or representative districts lie wholly or in part within the development district. The senate member shall be selected by the senators whose districts are wholly or in part within the development district and the representative member shall be selected by the representatives whose districts are wholly or in part within the development district. Senators and representatives shall serve on such boards for two (2) years or until they leave the general assembly, whichever occurs first. Senators whose districts lie wholly or partly within the development district shall meet at the call of the senior senator among those affected, for the purpose of selecting a member of the governing board, and representatives shall meet at the call of their senior representative for that purpose. Membership on such boards shall be for four (4) years or until the expiration of the term of the official by whom such representative was appointed, whichever occurs first. Members are subject to reappointment. The representative of each county and city government as indicated above may be chosen from an existing city or county planning commission. The board may appoint an executive committee to act for it and determine the authority of such committee. No member of the general assembly shall receive any additional compensation for such member's service on a board.
(b) No votes may be cast by proxy. Only duly appointed members of the board may vote.
(c) If a member of a board created under the provisions of this chapter participates in a vote of such board after such member's term of office has expired, no state funds shall be released to or expended by such board until such time as the board meets and rescinds any votes in which such member has participated and reconsiders its action with a lawfully constituted board.
(d) This board shall appoint a policy council to act for it and shall determine the authority of such council over and above that specified in § 13-26-104. The membership of the policy council shall be broadly based and equitably distributed between providers and consumers of human resource services and/or established by public law.
[Acts 1973, ch. 289, § 3; T.C.A., § 13-2103; Acts 1980, ch. 677, § 1.]
Source: Tennessee Code/TITLE 13 PUBLIC PLANNING AND HOUSING/CHAPTER 26 HUMAN RESOURCE AGENCIES/13-26-104. Policy council - Powers.
13-26-104. Policy council - Powers.
The powers of every policy council include the power to adopt bylaws, to appoint persons to senior staff positions, to determine major personnel, fiscal, and program policies, to approve overall program plans and priorities, and to assure compliance with conditions of and approve proposals for financial assistance under this chapter, subject to ratification by the governing board.
[Acts 1973, ch. 289, § 4; T.C.A., § 13-2104.]
Source: Tennessee Code/TITLE 13 PUBLIC PLANNING AND HOUSING/CHAPTER 26 HUMAN RESOURCE AGENCIES/13-26-105. Powers of agencies - Loan authorization.
13-26-105. Powers of agencies - Loan authorization.
(a) It is hereby declared that the agencies created pursuant to this chapter shall be a body, politic and corporate, and shall be public and governmental bodies acting as agencies and instrumentalities of the creating and participating counties and cities, and such agencies are declared to be for a public and governmental purpose and a matter of public necessity.
(b) In order to carry out its overall responsibility for administering a human resource program, a human resource agency is hereby given the authority to own and dispose of property, both real and personal, and to receive and administer funds under this chapter, funds and contributions from private or local public sources which may be used in support of a human resource program, and funds under any federal or state assistance program pursuant to which such an agency organized in accordance with the provisions of this chapter could serve as grantee, contractor, or sponsor of projects appropriate for inclusion in a human resource program.
(c) With prior approval of the board of directors, a human resource agency may borrow funds when such funds are fully and properly secured by grant funds receivable. Such loans are authorized for short-term emergency cash flow needs only. Such loans shall not constitute an indebtedness of the state, nor shall the interest on such debt be directly or indirectly charged to a state or federal program grant.
(d) A human resource agency may make contracts and execute instruments containing such covenants, terms, and conditions as, in the judgment of the directors, may be necessary, proper, or advisable for the purposes of obtaining grants, loans, or other financial assistance from any federal, state or local agency for or in the aid of the acquisition or improvement of the facilities of the agency and make all other contracts and execute all other instruments, including, without limitation, licenses, long-term and short-term leases, mortgages, deeds of trust, and other agreements relating to property and facilities under its jurisdiction, and the construction, operation, maintenance, repair and improvement thereof, as in the judgment of the board of directors may be necessary, proper or advisable for the furtherance of the purpose of this part and the full exercise of the powers herein granted. In exercising the powers granted herein, the directors shall abide by all statutes, regulations and procedures to which counties must conform in such matters.
[Acts 1973, ch. 289, § 5; T.C.A., § 13-2105; Acts 1994, ch. 555, § 1; 1995, ch. 22, § 1; 1998, ch. 597, § 1.]
Source: Tennessee Code/TITLE 13 PUBLIC PLANNING AND HOUSING/CHAPTER 26 HUMAN RESOURCE AGENCIES/13-26-106. Financial reports - Audits.
13-26-106. Financial reports - Audits.
(a) Each governing board operating under the provisions of this chapter shall prepare an annual report of its activities, including financial statements, through June 30 of each year, and submit a copy of such report to the governor, the general assembly, and the commissioner of finance and administration.
(b) (1) The annual report, including financial statements, and all books of account and financial records are subject to annual audit by the comptroller of the treasury.
(2) A human resource agency may, with the prior approval of the comptroller of the treasury, engage licensed independent public accountants to perform the audits.
(3) The audit contract between the human resource agency and the independent public accountant shall be on contract forms prescribed by the comptroller of the treasury.
(4) The human resource agency is responsible for reimbursement of the costs of audits prepared by the comptroller of the treasury and the payment of fees for audits prepared by licensed independent public accountants.
(5) Audits and working papers prepared by independent public accountants shall be reviewed and approved by the comptroller of the treasury prior to payment.
(6) Copies of such audits shall be provided to each member of the board and the comptroller of the treasury and shall be made available to the press.
(7) All audits performed by the internal audit staffs of any such agency shall be conducted in accordance with the standards established by the comptroller of the treasury pursuant to § 4-3-304(9).
[Acts 1973, ch. 289, § 6; 1976, ch. 666, § 4; T.C.A., § 13-2106; Acts 1984, ch. 794, § 10; 1985, ch. 284, § 1.]
Source: Tennessee Code/TITLE 13 PUBLIC PLANNING AND HOUSING/CHAPTER 26 HUMAN RESOURCE AGENCIES/13-26-107. Appropriations - Local contributions.
13-26-107. Appropriations - Local contributions.
(a) Any funds appropriated to implement the provisions of this chapter are subject to the approval of the governor and the commissioner of finance and administration.
(b) Such approval shall be given only after review by the office of the governor of the annual work program developed by the human resource agency to assure that such program is in accordance with the development plans of the state.
(c) It is the intent of the state to assist financially with the delivery of human resources for residents. After the creation of any such board as provided in this chapter and when the local governments have indicated a willingness to contribute financially by adopting a budget requiring a certain per capita assessment, the state is authorized to match the local contributions according to the following schedule:
|Local Assessment Cents/Capita||Annual State Contribution||Contribution Cap/County|
(d) Such local contributions shall be based upon, in the case of counties, an amount not to exceed fifteen cents (15›) per capita based on the latest decennial census, one half (1/2) of which may be contributed by local incorporated cities or by other private, public or semipublic bodies; provided, that no county shall be required to contribute more than ten thousand dollars ($10,000) annually. The aggregate of such funds may also be used for purposes of matching various federal programs of assistance. Counties and municipalities may participate independently of each other in financing the activities of the board. Cities and counties are specifically authorized to appropriate and expend funds for carrying out the purposes of this chapter.
[Acts 1973, ch. 289, § 7; T.C.A., § 13-2107; Acts 1989, ch. 575, § 1; 1992, ch. 786, § 1.]
Source: Tennessee Code/TITLE 13 PUBLIC PLANNING AND HOUSING/CHAPTER 26 HUMAN RESOURCE AGENCIES/13-26-108. Duties of governing board.
13-26-108. Duties of governing board.
Each governing board operating under the provisions of this chapter shall:
(1) Jointly adopt statewide uniform travel regulations subject to the approval of the commissioner of finance and administration and reimburse its officers and employees for official travel in conformance with such regulations;
(2) Develop a system of competitive bidding on purchases of supplies and equipment and other contracts and submit the written procedures governing such system to the state board of standards for approval; and
(3) Develop written personnel procedures to be filed with the commissioner of finance and administration for the hiring, promotion, demotion and dismissal of all employees and include an employee compensation plan based on a salary comparability analysis, which takes into account state salary schedules, local government salary schedules, and regional private market variations.
[Acts 1976, ch. 666, §§ 1-3; T.C.A., § 13-2108.]
Source: Tennessee Code/TITLE 13 PUBLIC PLANNING AND HOUSING/CHAPTER 26 HUMAN RESOURCE AGENCIES/13-26-109. Uniform accounting system.
13-26-109. Uniform accounting system.
(a) The comptroller of the treasury is directed to develop a uniform accounting system conforming to generally accepted accounting principles for the governing boards operating under the provisions of this chapter.
(b) Such uniform accounting systems shall be subject to the approval of the commissioner of finance and administration.
(c) Upon such approval each human resource agency shall establish and maintain the uniform accounting system.
(d) No state appropriation shall be released to a human resource agency until such agency has established the required accounting system.
[Acts 1976, ch. 666, § 5; T.C.A., § 13-2109.]
Source: Tennessee Code/TITLE 13 PUBLIC PLANNING AND HOUSING/CHAPTER 26 HUMAN RESOURCE AGENCIES/13-26-110. Bond requirements.
13-26-110. Bond requirements.
(a) Any board member, policy council member, employee, officer, or any authorized person of a human resource agency who receives public funds, has authority to make expenditures from public funds, or has access to any public funds is hereby required to give bond to be made payable to the state of Tennessee with such sureties as are hereinafter provided. Such bond is to be conditioned in all cases in which a different condition is not prescribed, upon the faithful discharge of the duties of such office, employment, or other authorized activity in which such person is engaged during the time such person continues therein, or in the discharge of any part thereof.
(b) Such official bond shall be executed in the same form as that prescribed by § 8-19-101 for county and state officials and employees.
(c) The amount of such required bond shall be a reasonable amount as determined by the amount of public funds received, expended, or the amount to which the person had access during the previous fiscal year. In the case of a new office or position, the amount of such bond shall be reasonable to protect the public from the breach of the condition of faithful discharge of the duties of such office or position, when the amount of public funds to be received, expended, or to which that person will have access is considered.
(d) All such official bonds shall be signed by authorized individuals of a corporate surety, and such corporation shall be duly licensed to do business in the state of Tennessee as a surety.
(e) The official bonds required under this section are hereby required to be transmitted to the comptroller of the treasury, be filed in the office of the comptroller of the treasury, and be receipted for by the comptroller of the treasury.
(f) No examination or certification of any such bonds shall be required in this section.
(g) Provisions for bonds of all state and county officers set forth in title 8, chapter 19, shall also govern the bonds of all persons covered under this section, so far as the provisions of title 8, chapter 19, are not inconsistent with the provisions of this section.
(h) The respective human resource agency shall pay the premium for such bonds.
[Acts 1976, ch. 666, § 6; T.C.A., § 13-2110.]
Source: Tennessee Code/TITLE 13 PUBLIC PLANNING AND HOUSING/CHAPTER 26 HUMAN RESOURCE AGENCIES/13-26-111. Oversight - Funding.
13-26-111. Oversight - Funding.
(a) For purposes of general oversight, and specifically for purposes of § 13-26-107, the human resource agencies created pursuant to this chapter are attached to the department of human services. Any reports required of human resource agencies by this chapter, or reports that may arise from activities undertaken pursuant to the authority of this chapter, shall be filed with the commissioner of human services in addition to any other filing which may be required.
(b) (1) It is the legislative intent that the commissioner consider the financial needs of human resource agencies, particularly matching funds as envisioned by § 13-26-107, and to the extent deemed appropriate shall include such funds in the budget request of the department of human services submitted to the commissioner of finance and administration pursuant to § 9-6-103.
(2) The commissioner of human services shall provide planning assistance and oversight to these agencies to assure coordination and avoidance of duplication of activities among human service providers in each jurisdiction.
(3) Nothing in this section shall require any expenditure of funds unless such funds are lawfully appropriated by the general assembly.
[Acts 1993, ch. 300, § 1; 1997, ch. 308, § 3.]
© 2004 by the State of Tennessee and Matthew Bender & Company, Inc., a member of the LexisNexis Group. All rights reserved. Use of this product is subject to the restrictions and terms and conditions of the Matthew Bender Master Agreement.