Statutory Amendments to Tenn. Code Ann. § 5-1-202(c) and Their Relationship to County Offices in Shelby County - Articles

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Statutory Amendments to Tenn. Code Ann. § 5-1-202(c) and Their Relationship to County Offices in Shelby County

Posted by: Azya Thornton on Dec 5, 2025

Court: TN Attorney General Opinions

Hearing Date: 10/07/2025

Opinion Number: 17

Question: As it relates to Tenn. Code Ann. § 5-1-202(c), does the statutory language “terms” apply to the offices of sheriff, register, county clerk, assessor of property, and trustee in Shelby County?

Opinion: Yes. Although Tenn. Code Ann. § 5-1-202(c) does not currently reflect the contents of 2025 Tenn. Pub. Acts, ch. 221, § 1, Tennessee courts recognize that a public act controls in the event of any discrepancy. Here, that means that the relevant portion of Tenn. Code Ann. § 5-1- 202(c) should read that “subsection (c) must not be construed to affect the terms of the charter or constitutional county offices of sheriff, register, county clerk, assessor of property, or trustee.” And because this provision concerning “terms” is thus partially directed at the listed “charter” offices, we believe it effectively speaks with respect to those offices in Shelby County, a county that has adopted a charter form of government and has “county charter officers” that parallel constitutional county offices.

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