(a) If a municipality or county has or implements a personnel policy that places an employee on leave for a period of time immediately following an arrest of the employee, the municipality or county shall implement a policy of restoring back pay to the employee if the charges are dropped or the employee is found not guilty of the charges. This requirement does not apply if the employee:

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Terms Used In Tennessee Code 7-51-1701

  • Arrest: Taking physical custody of a person by lawful authority.
  • Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
  • Plea agreement: An arrangement between the prosecutor, the defense attorney, and the defendant in which the defendant agrees to plead guilty in exchange for special considerations. Source:
(1) Pleads guilty to the charges or enters into a plea agreement on the charges; or
(2) Separates from employment voluntarily before the charges are dropped or before the employee is found not guilty, or if the employee is administratively terminated for a reason other than the arrest.
(b) Public records related to an administrative action against an employee must be maintained for the applicable retention period and are not subject to destruction under § 40-32-101. Such public records are maintained solely for the purposes of documenting the administrative action and submissions in litigation.
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