(a)

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Terms Used In Tennessee Code 5-6-107

  • Appellate: About appeals; an appellate court has the power to review the judgement of another lower court or tribunal.
  • County mayor: means and includes "county executive" unless the context clearly indicates otherwise. See Tennessee Code 1-3-105
  • Veto: The procedure established under the Constitution by which the President/Governor refuses to approve a bill or joint resolution and thus prevents its enactment into law. A regular veto occurs when the President/Governor returns the legislation to the house in which it originated. The President/Governor usually returns a vetoed bill with a message indicating his reasons for rejecting the measure. In Congress, the veto can be overridden only by a two-thirds vote in both the Senate and the House.
(1) The county mayor has the power of veto with respect to resolutions of the county legislative body.
(2) Such veto shall apply only to legislative resolutions and shall not apply to resolutions in which the legislative body is exercising administrative or appellate authority.
(b)

(1) Every resolution shall be submitted to the county mayor.
(2) If the county mayor signs it, the resolution shall become effective immediately or at a later date if the resolution so provides.
(3) If the county mayor vetoes the resolution, the county mayor shall return it to the county legislative body for action on the county mayor’s veto, in which case it shall become effective only upon subsequent passage by a majority of all the members comprising the county legislative body.
(4) Such passage must take place within twenty (20) days of receiving the county mayor’s message of veto or at the next regular meeting of the county legislative body, whichever is later.
(5) If the county mayor fails either to sign or to veto a resolution and to report the county mayor’s action to the county legislative body within ten (10) days after the resolution is submitted to the county mayor, the resolution shall become effective without the county mayor’s signature upon the expiration of the ten-day period or at a later date if the resolution so provides.
(c) The veto may not be exercised with respect to specific items or parts of items in the annual county budget, and may only be exercised with respect to the whole.
(d)

(1) This section shall not be applicable to counties of Class 1 as established by § 8-24-101, that have comparable provisions in special or private acts establishing a veto power in the county mayor.
(2) This section shall not be applicable in any county in which the county mayor is elected as chair of the county legislative body as provided in § 5-5-103.
(3) This section shall be applicable in counties having a population of not less than twelve thousand three hundred fifty (12,350) nor more than twelve thousand three hundred seventy-five (12,375), by the federal census of 1970 or any subsequent federal census.
(4) This section shall be applicable in counties having a population of not less than thirty-eight thousand eight hundred (38,800) nor more than thirty-eight thousand nine hundred (38,900), by the federal census of 1970 or any subsequent federal census.
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