Terms Used In Tennessee Code > Title 5 > Chapter 23 - Written Personnel Policies

• Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
• Agriculture: means :
  (i) The land, buildings and machinery used in the commercial production of farm products and nursery stock. See Tennessee Code 1-3-105
• Allegation: something that someone says happened.
• Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
• Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
• Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
• Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
• Arrest: Taking physical custody of a person by lawful authority.
• Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
• Authority: means a regional megasite authority created pursuant to this chapter. See Tennessee Code 64-6-102
• Authority: means the Megasite Authority of West Tennessee. See Tennessee Code 64-9-103
• auxiliary police officer: means any person employed by any municipality or any political subdivision of the state of Tennessee whose primary responsibility is to support the full-time police officer in the prevention and detection of crime, apprehension of offenders, and assisting in the prosecution of offenders for appropriate remuneration in measure with specifically assigned duties or job description. See Tennessee Code 38-8-101
• Base personnel policies: means the policies that are required to be adopted under this chapter and that are enumerated in §. See Tennessee Code 5-23-102
• Beneficiary: A person who is entitled to receive the benefits or proceeds of a will, trust, insurance policy, retirement plan, annuity, or other contract. ^{Source: OCC}
• Board: means the board of medical examiners. See Tennessee Code 63-31-101
• Board: means the authority's board of directors. See Tennessee Code 64-9-103
• Campus police officer: means a person commissioned by an employing institution and rendered an oath to provide police services, enforce law, exercise arrest authority and carry firearms in accordance with §. See Tennessee Code 38-8-101
• Choke hold: means an intentional use of pressure or constriction to the neck, throat, or windpipe intended to inhibit breathing. See Tennessee Code 38-8-101
• Code: includes the Tennessee Code and all amendments and revisions to the code and all additions and supplements to the code. See Tennessee Code 1-3-105
• Commissioner: means the commissioner of health or the commissioner's designee. See Tennessee Code 63-30-102
• Committee: means the polysomnography professional standards committee established by §. See Tennessee Code 63-31-101
• Committee: means a police advisory and review committee. See Tennessee Code 38-8-301
• Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
• Contract: A legal written agreement that becomes binding when signed.
• Conviction: A judgement of guilt against a criminal defendant.
• Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
• County: means any county or any metropolitan form of government in this state having a population of two hundred thousand (200,000) or more, according to the 1980 federal census or any subsequent federal census, that by resolution has made the findings and determinations required by §. See Tennessee Code 7-60-103
• County employees: means employees of the county as defined under the federal Fair Labor Standards Act ( 29 U. See Tennessee Code 5-23-102
• County executive: means and includes "county mayor" unless the context clearly indicates otherwise. See Tennessee Code 1-3-105
• County mayor: means and includes "county executive" unless the context clearly indicates otherwise. See Tennessee Code 1-3-105
• Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
• Deed: The legal instrument used to transfer title in real property from one person to another.
• Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
• Department: means the department of health. See Tennessee Code 63-30-102
• Dependent: A person dependent for support upon another.
• Devise: To gift property by will.
• Direct supervision: means that the polysomnographic technologist providing supervision must be present in the area where the polysomnographic procedure is being performed and immediately available to furnish assistance and direction throughout the performance of the procedure. See Tennessee Code 63-31-101
• Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
• Dismissal: The dropping of a case by the judge without further consideration or hearing. ^Source:
• Division: means the division of health-related boards in the department of health. See Tennessee Code 63-30-102
• Donor: The person who makes a gift.
• Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
• Ex officio: Literally, by virtue of one's office.
• Fair market value: The price at which an asset would change hands in a transaction between a willing, informed buyer and a willing, informed seller.
• Fee simple: Absolute title to property with no limitations or restrictions regarding the person who may inherit it.
• Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
• Fraud: Intentional deception resulting in injury to another.
• Full-time police officer: means any person employed by any municipality or political subdivision of the state of Tennessee whose primary responsibility is the prevention and detection of crime, and the apprehension of offenders, and whose primary source of income is derived from employment as a police officer. See Tennessee Code 38-8-101
• General supervision: means that the polysomnographic procedure is provided under a physician's overall direction and control, but the physician's presence is not required during the performance of the procedure. See Tennessee Code 63-31-101
• Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
• Governing body: means the legislative body of a county or the legislative body of an incorporated municipality. See Tennessee Code 64-6-102
• Grand jury: agreement providing that a lender will delay exercising its rights (in the case of a mortgage,
• Head of a law enforcement agency: means a chief of police of a municipal police force or a county sheriff, as applicable. See Tennessee Code 38-8-301
• Highway: includes public bridges and may be held equivalent to the words "county way" "county road" or "state road". See Tennessee Code 1-3-105
• Home: means residential housing, including real property and improvements on real property, consisting of one (1) or more dwelling units, including, but not limited to, condominium units, owned by one (1) person or family of lower or moderate income that occupies or intends to occupy one (1) of such units. See Tennessee Code 7-60-103
• Infrastructure: means the basic network of public utilities and access facilities that support and promote land development. See Tennessee Code 64-7-102
• Initial megasite property: means the property spanning parts of Haywood County and Fayette County and depicted on the survey prepared by Barron Surveying and Mapping by Craig J. See Tennessee Code 64-9-103
• Interest rate: The amount paid by a borrower to a lender in exchange for the use of the lender's money for a certain period of time. Interest is paid on loans or on debt instruments, such as notes or bonds, either at regular intervals or as part of a lump sum payment when the issue matures. ^{Source: OCC}
• Internal affairs unit: means a division of a local law enforcement agency that investigates allegations of misconduct by law enforcement officers employed by the agency. See Tennessee Code 38-8-301
• Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
• Lands: includes lands, tenements and hereditaments, and all rights thereto and interests therein, equitable as well as legal. See Tennessee Code 1-3-105
• Law enforcement officer: means any person employed by any law enforcement agency of a local government entity, excluding a head of a law enforcement agency, who has a duty imposed by law to:
  (A) Maintain public order. See Tennessee Code 38-8-301
• Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). ^{Source: OCC}
• Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
• Lien: A claim against real or personal property in satisfaction of a debt.
• Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
• Local governing body: means the city council, city commission, county commission, metropolitan council, or board of mayor and aldermen of a city. See Tennessee Code 38-8-301
• Local government entity: means any city, town, municipality, county, including any county having a metropolitan form of government in this state. See Tennessee Code 38-8-301
• Local law enforcement agency: means :
  (A) Within the territory of a municipality, the municipal police force. See Tennessee Code 38-8-301
• Mayor: means the officer vested by either the city or county charter or general law with the executive powers of a local government entity. See Tennessee Code 38-8-301
• Megasite: means a site certified as being suitable and available for development for significant economic and industrial investment as provided in §. See Tennessee Code 64-6-102
• Minor: means any person who has not attained eighteen (18) years of age. See Tennessee Code 1-3-105
• Month: means a calendar month. See Tennessee Code 1-3-105
• Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
• Nolo contendere: No contest-has the same effect as a plea of guilty, as far as the criminal sentence is concerned, but may not be considered as an admission of guilt for any other purpose.
• notes: means the bonds and notes respectively authorized to be issued by counties under this chapter. See Tennessee Code 7-60-103
• Oath: A promise to tell the truth.
• Oath: includes affirmation. See Tennessee Code 1-3-105
• Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
• Oversight: Committee review of the activities of a Federal agency or program.
• Person: includes a corporation, firm, company or association. See Tennessee Code 1-3-105
• Personal property: All property that is not real property.
• Personal property: includes money, goods, chattels, things in action, and evidences of debt. See Tennessee Code 1-3-105
• Personal representative: when applied to those who represent a decedent, includes executors and administrators, unless the context implies heirs and distributees. See Tennessee Code 1-3-105
• Plaintiff: The person who files the complaint in a civil lawsuit.
• Plea: In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges, a declaration made in open court.
• Polysomnographic technologist: means a person who is credentialed by the board of registered polysomnographic technologists and is licensed by the board to engage in the practice of polysomnography under the general supervision of a licensed physician. See Tennessee Code 63-31-101
• Practice of polysomnography: means the staging and scoring of sleep by continuous and simultaneous monitoring of the stages of sleep and wake through use of an electroencephalogram (EEG), an electroculogram (EOG) and a submental electromyogram (EMG), in conjunction with the recording and monitoring of other physiological variables, and the assignment of values for duration, frequency and type of event to each stage of sleep in which the event occurred. See Tennessee Code 63-31-101
• Precedent: A court decision in an earlier case with facts and law similar to a dispute currently before a court. Precedent will ordinarily govern the decision of a later similar case, unless a party can show that it was wrongly decided or that it differed in some significant way.
• Private special deputy: means a person who is employed and compensated by a resort area owner or management company to act as security and law enforcement for the resort area and whose qualifications and training requirements are equivalent to or superior to those required for a law enforcement officer under the standards established by the peace officer standards and training commission for law enforcement officers. See Tennessee Code 38-8-101
• Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
• Project: means all or any part of, or any interest in, any land and building, including an office building, any facility or other improvement on the land and all real and personal properties located either on a megasite or off a megasite deemed necessary in connection with the megasite, whether or not now in existence, that are suitable for any industrial or commercial enterprises or any combination of the land, buildings, facilities, improvements or real or personal properties located at the megasite. See Tennessee Code 64-6-102
• Property: includes both personal and real property. See Tennessee Code 1-3-105
• Public agency: means the regional council, any political subdivision of this state, any agency of the state government or of the United States and any political subdivision of another state. See Tennessee Code 64-7-102
• Public defender: Represent defendants who can't afford an attorney in criminal matters.
• Public safety officer: means a person who, in addition to being a commissioned campus police officer under §. See Tennessee Code 38-8-101
• Purposes of this chapter: means ameliorating the deterioration of counties by preserving and expanding employment opportunities in the construction and related industries and the tax base of counties by undertaking or assisting in the financing of home mortgages for persons and families of lower and moderate income. See Tennessee Code 7-60-103
• Quorum: The number of legislators that must be present to do business.
• Record: means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in a perceivable form. See Tennessee Code 1-3-105
• reflexologist: means any person who engages in the practice of reflexology for compensation and who has completed a study of the principles of reflexology, anatomy and physiology generally included in a regular course of study of reflexology. See Tennessee Code 63-30-102
• Reflexology: means the application of specific pressures to reflex points in the hands and feet only. See Tennessee Code 63-30-102
• Regional council: means the greater Nashville regional council created by this chapter. See Tennessee Code 64-7-102
• Regional impact project: means :
  (A) Any commercial, residential, industrial, recreational or public facility building or development, the construction or expansion of which is proposed to be located in more than one (1) local government jurisdiction and/or where the construction or expansion of the building or development is expected by the local government or by the regional council to have infrastructure impacts upon two (2) or more government jurisdictions. See Tennessee Code 64-7-102
• Registration: means satisfying the requirements for registration by the department of health. See Tennessee Code 63-30-102
• Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
• Reporter: Makes a record of court proceedings and prepares a transcript, and also publishes the court's opinions or decisions (in the courts of appeals).
• Representative: when applied to those who represent a decedent, includes executors and administrators, unless the context implies heirs and distributees. See Tennessee Code 1-3-105
• Road: includes public bridges and may be held equivalent to the words "county way" "county road" or "state road". See Tennessee Code 1-3-105
• Service of process: The service of writs or summonses to the appropriate party.
• Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
• signed: includes a mark, the name being written near the mark and witnessed, or any other symbol or methodology executed or adopted by a party with intention to authenticate a writing or record, regardless of being witnessed. See Tennessee Code 1-3-105
• Sleep-related services: means acts performed by polysomnographic technicians, polysomnographic trainees, polysomnographic students, and other persons permitted to perform those services under this chapter, in a setting described in subdivision (9)(C) that would be considered the practice of polysomnography if performed by a polysomnographic technologist. See Tennessee Code 63-31-101
• Special deputy: means any person who is assigned specific police functions as to the prevention and detection of crime and general laws of this state on a volunteer basis, whether working alone or with other police officers. See Tennessee Code 38-8-101
• State: means the state of Tennessee. See Tennessee Code 7-60-103
• State: when applied to the different parts of the United States, includes the District of Columbia and the several territories of the United States. See Tennessee Code 1-3-105
• Statute: A law passed by a legislature.
• Subpoena: A command to a witness to appear and give testimony.
• Testify: Answer questions in court.
• Testimony: Evidence presented orally by witnesses during trials or before grand juries.
• Trustee: A person or institution holding and administering property in trust.
• United States: includes the District of Columbia and the several territories of the United States. See Tennessee Code 1-3-105
• Wastewater system: means the real and personal property owned by this state and utilized as a wastewater facility for the purposes of this chapter to serve the initial megasite property, including collection and transmission systems, treatment plants, and reuse or disposal systems, including, but not limited to, plants, pumps, pumping stations, pipes, treatment systems, and related easements, but excluding a service line or other infrastructure located within the boundary of property leased by the authority to a third party or owned by a third party. See Tennessee Code 64-9-103
• Water system: means the real and personal property owned by this state and utilized for the collection, treatment, storage, and distribution of water for the purposes of this chapter to serve the initial megasite property including, but not limited to, plants, pipes, tanks, pumps, meters, storage tanks, and related easements, but excluding a service line or other infrastructure located on a customer's side of a water meter that measures service to the customer. See Tennessee Code 64-9-103
• Writ: A formal written command, issued from the court, requiring the performance of a specific act.
• written: includes printing, typewriting, engraving, lithography, and any other mode of representing words and letters. See Tennessee Code 1-3-105
• Year: means a calendar year, unless otherwise expressed. See Tennessee Code 1-3-105