§ 2.02. Other powers.  


Latest version.
  • A.

    The Commission is vested with all other powers of the government of Knox County not specifically, or by necessary implication, vested in some other official of the County by the Constitution of the State of Tennessee, by this Charter or by law not inconsistent with this Charter. However, neither the Commission nor the Chair of the Commission shall exercise any powers or perform any functions of the County Government which are vested, by the terms of this Charter, in the Executive Branch, Judicial Branch, Board of Education, and elected Charter and Constitutional Officers as defined by the Constitution of the State of Tennessee. Whenever any statute of the State of Tennessee purports to authorize the monthly or quarterly county court (or county chairman[(woman)] or county judge), the county commission (or chairman[(woman)] of the county commission) or the county executive to perform any administrative or executive act or function, then such act or function shall be performed by the Mayor of Knox County except as otherwise provided in this Charter.

    B.

    The Commission shall provide annually, by resolution, for an independent audit of the accounts and other evidences of financial transactions of the County and of every County office and such other special audits as the Commission deems necessary. Such audits shall be made by a certified public accountant or by a firm of certified public accountants designated by the Commission, and no individual auditor or member of an auditing firm so designated shall have any personal financial interest, direct or indirect, in the fiscal affairs of the County or of any of its offices. The designated certified public accountants shall be qualified by training and experience and shall have sufficient staff to perform the audits. An individual certified public accountant or firm of certified public accountants shall be employed to perform the independent audits of the County as required under law. Upon employment by the County, the independent auditor shall serve at the pleasure of the Commission upon the recommendation of the Audit Committee. The hiring and replacement of an outside auditing firm shall require an outside auditing firm to submit a response to a Request for Qualifications (RFQ) to the Audit Committee for review and recommendation to the Commission.

    C.

    By ordinance, the Commission shall establish rules and regulations governing all County purchases, sales, contracts for services and disposal of surplus property.

    D.

    No sale or transfer of real property, or any interests therein, owned by the County shall be valid unless approved by resolution of the Commission.

    E.

    By resolution which shall not be subject to veto by the Mayor of Knox County, the Commission shall have the power to authorize the borrowing of money and the issuance of bonds, notes and other evidences of indebtedness of the County and all matters pertaining thereto. Such a resolution shall be effective immediately upon its adoption by the Commission.

    F.

    By resolution, the Commission may employ, contract with, or otherwise hire, any person(s) or business entity(ies) which it deems necessary to the exercise of the powers vested in it unless otherwise provided by this Charter.

    G.

    By ordinance, the Commission may establish and name such special districts and, in connection therewith, shall provide for assessments, levies and collections of taxes and assessments with respect to any or all property, real or personal, or privileges within any such district and the pledge of the revenues derived and to be derived therefrom, all as in its judgment may be necessary or appropriate for the exercise within such district of any one or more of the public corporation rights or powers of the government of Knox County not then being exercised for the benefit of all citizens of the County. The subsequent exercise of any such right or power for the benefit of all citizens of the County shall not impair any special district theretofore established or any contracts, pledges or obligations of the government of Knox County with respect thereto.

    H.

    Upon adoption of an approving resolution in each instance by the affirmative vote of two-thirds ( 2/3 ) of the entire Commission, the Commission and its authorized committees shall have full power and authority to hold public hearings, with power to subpoena witnesses and to administer oaths where necessary or desirable, for the purpose of either (1) gathering information necessary or desirable for the purpose of considering proposed Commission legislation, or (2) investigating any allegation of violations of this Charter, ordinances or emergency ordinances of the Commission brought by either the Mayor of Knox County or any member of the Commission against any elected official or employee of the County. No such hearing shall be held with or without such subpoena power having been exercised except when a quorum of the Commission or any authorized committee, as appropriate, is present.

    I.

    By resolution, the Commission may appoint members to those boards and commissions the Commission deems necessary in the furtherance of its duties and responsibilities under this Charter or as provided by state law. All such appointees shall be residents of Knox County at the time of their appointment and at all times while serving on said board or commission. The Commission shall have the authority, by resolution, to remove and discharge all such members for good cause shown.

(Ref. of 8-1-96; Ref. of 8-5-04; Ref. of 8-2-12; Ref. of 8-2-18 )