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Title 8  Public Officers And Employees  

Chapter 47  Removal of Officers

Tenn. Code Ann. § 8-47-101  (2016)

8-47-101.  Officers subject to removal -- Grounds. 

  Every person holding any office of trust or profit, under and by virtue of any of the laws of the state, either state, county, or municipal, except such officers as are by the constitution removable only and exclusively by methods other than those provided in this chapter, who shall knowingly or willfully commit misconduct in office, or who shall knowingly or willfully neglect to perform any duty enjoined upon such officer by any of the laws of the state, or who shall in any public place be in a state of intoxication produced by strong drink voluntarily taken, or who shall engage in any form of illegal gambling, or who shall commit any act constituting a violation of any penal statute involving moral turpitude, shall forfeit such office and shall be ousted from such office in the manner hereinafter provided.

HISTORY: Acts 1915, ch. 11, § 1; Shan., § 1135a1; Code 1932, § 1877; T.C.A. (orig. ed.), § 8-2701; Acts 2004, ch. 621, § 1.

Tenn. Code Ann. § 8-47-102  (2016)

8-47-102.  Institution by prosecuting attorneys on own initiative. 

  The attorney general and reporter has the power, on the attorney general and reporter's own initiative, and without any complaint having been made to the attorney general and reporter or request made of the attorney general and reporter, to institute proceedings in ouster against any and all state, county, and municipal officers, under the provisions of this chapter, and the district attorneys general, county attorneys, and city attorneys, within their respective jurisdictions, may institute such actions, without complaint being made to them or request made of them, as they are authorized to institute upon request made of them or complaint made to them.

HISTORY: Acts 1915, ch. 11, § 14; Shan., § 1135a25; Code 1932, § 1901; T.C.A. (orig. ed.), § 8-2702.

BYOBail: Little Tester Due in Court Tuesday (April 26, 2016)

"City Councilman Richard Tester charged with DUI"
Elizabethton Star
Published 8:18 p.m. Monday, April 4, 2016

"...After [David Richard] Tester was taken into custody, officers allowed a passenger in his vehicle to leave the scene of foot and walk to the home of a friend who lived nearby. Tester requested that officers contact C&K Towing to have his SUV towed from the scene and Sexton noted that during an inventory of the vehicle prior to it being towed, officers found “several open containers of alcohol” inside the SUV and photographed them.

Following his arrest, Tester was transported to the Carter County Detention Center. He was later released from the jail after the on-duty judicial commissioner set his bond on the charges as an O.R. (Own Recognizance) bond, which allowed Tester to be released from custody without having to post a traditional bond of money or property.


Tester is scheduled to appear in Carter County General Sessions Court on April 26.

In addition to serving as a member of the Elizabethton City Council, Tester serves as Chairman of the Carter County Tomorrow Board of Directors as well as one of its three acting presidents."

Given that Little Tester is due in court this Tuesday (April 26, 2016), perhaps our local news teams can force the mayor to release the Elizabethton Police Department videos, photographs, and arrest reports (along with the Carter County Sheriff's Department video and booking photographs).

Carter County Tomorrow Chairman, Elizabethton City Council Member Richard Tester
Arrested by Elizabethton Police Department for DUI and Related Charges:
"Well, I f--king appreciate it."