Sumner County committee backs move to ask commission to repeal 1981 private act, requests written legal opinion

The Sumner County Financial Management Committee voted to recommend the County Commission seek repeal of the county's 1981 private act and asked the county law director for a written legal opinion clarifying the relationship between the 1981 act and the 2012 financial management act.

The committee chair moved that the committee "recommend to the commission to repeal the 1981 act," a motion that was seconded and carried after a recorded voice vote. Committee members voiced differing readings of whether the 2012 act ever superseded the 1981 act and whether the 2012 act had been fully implemented. Law Director Eric Sittler told the committee that, in his legal view, the 1981 act remains in force because it was never repealed and therefore would prevail where the two conflict; he said parts of the 2012 act could operate as local commission policy if they do not conflict with the 1981 act.

Committee members asked for the law director's conclusion in writing and requested any related opinions from the comptroller's or CTAS (County Technical Assistance Service) legal staff. The committee noted CTAS had already provided an email opinion but that the committee sought further written confirmation. Committee members discussed procedural options: asking the County Commission to vote to repeal, or pursuing a judicial interpretation. Several members described the "path of least resistance" as asking the commission to repeal the older private act, a step that would require a two-thirds vote under the statute language discussed in the meeting.

Why it matters: Committee members said clarifying which statute governs county financial consolidation and hiring authority for the finance director affects recruitment, job description drafting and who ultimately selects or appoints the position. The legal opinion requested will guide whether the county follows the 1981 private act's consolidation requirements or implements provisions of the 2012 act as local policy.

The committee asked the law director to provide the requested written opinion at the next meeting and to document any conflict of interest that would prevent the county attorney from representing particular parties on this issue.

The committee additionally moved to send both the 1981 repeal recommendation and a separate recommendation as to the 2012 act (the committee later voted to forward both) to the full County Commission for consideration. The committee discussed timing and notice requirements and acknowledged any action before the state legislature would be subject to the state calendar and other statutory constraints.

The committee said it would revisit the matter once the written legal opinion and any additional guidance from the comptroller or CTAS were available.