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OFFICERS AND EMPLOYEES GENERALLY

Memphis Charter art. 27
in effect

Memphis Charter, art. 27, § 174 Nomination and election of officers.

Sec. 174. - Nomination and election of officers. Every officer for whose election by the Board of Commissioners provision is herein made shall first be nominated by the Commissioner to whose department such officer belongs, and no such officer shall be elected by the board except on such nomination; provided, however, that if the Commissioner whose duty and function it is to nominate any officer shall fail within thirty days to make a nomination, then any member of said board shall have the right to make a nomination, or nominations, and the board may thereupon elect the person so nominated. (Acts 1909, ch. 298, § 21)

Memphis Charter, art. 27, § 175 Fitness for office; political faith or party affiliation.

Sec. 175. - Fitness for office; political faith or party affiliation. All officers and employees who shall be employed by the City of Memphis shall be elected or appointed with reference to their qualifications and fitness and for good of the public service, and without reference to their political faith or party affiliation. (Acts 1909, ch. 298, § 35)

Memphis Charter, art. 27, § 176 Interest in City contracts.

Sec. 176. - Interest in City contracts. No Commissioner, nor any officer nor subordinate officer of the City, shall be connected with, or interested in, directly or indirectly, any contract with the City. (Acts 1909, ch. 298, § 20)

Memphis Charter, art. 27, § 177 Work or contracts with relatives affecting City.

Sec. 177. - Work or contracts with relatives affecting City. No officer, agent, or employee of the City government shall pass upon, supervise or control any work for the City, or purchase or contract for any kind of material for the City with a person or persons who are related by blood or marriage within the sixth degree, as computed by common law. (Acts 1905, ch. 54, § 31)

Memphis Charter, art. 27, § 178 Bonds of officers and employees.

Sec. 178. - Bonds of officers and employees. The Commissioners of the City of Memphis shall fix the amount of bonds and the method of their approval to be required of all elective, appointive, or subordinate officers, and such other City employees whom the Commissioners of the City of Memphis shall require to give bond. The approval of the official bonds of all elective, appointive, or subordinate officers and other employees must be endorsed thereon and signed by the Commissioners of the City of Memphis, and shall be given and made by some good and solvent surety company. All bonds when approved shall be filed with the Comptroller of the City of Memphis; all provisions of any law of this State relating to official bonds, not inconsistent with this Charter, shall be complied with. (Acts 1909, ch. 298, § 22; Acts 1937, ch. 122, § 4)

Memphis Charter, art. 27, § 179 Filling of vacancies occasioned by death, resignation or removal.

Sec. 179. - Filling of vacancies occasioned by death, resignation or removal. In the event of the death, resignation, or removal of any officer of this City, other than a member of the Board of Commissioners, it shall be the right and duty of the Board of Commissioners to elect as soon as practicable a successor to fill the vacancy; and if no election be had within thirty days after such vacancy occurs, the Mayor shall have the right, and it shall be his duty, to appoint some fit person to fill such vacancy until an election by the board shall occur. The election by said board to fill such vacancy shall be on nomination by the commissioner of the department to which such officer belongs. (Acts 1909, ch. 298, § 25)

Memphis Charter, art. 27, § 180 Filling of temporary vacancies.

Sec. 180. - Filling of temporary vacancies. In the event of the temporary absence or disability of any officer, other than a member of the Board of Commissioners, the board shall, if a majority of the members thereof see fit, have the power to appoint some proper person to act in the place and stead of such officer during his absence or disability, and to provide for the compensation of such person temporarily discharging the duties of said officer; provided, however, that there shall be no deduction from the salary of the regular incumbent of said office during such absence or disability, unless the board shall, by resolution, declare the absence from office of such incumbent to be without excuse. (Acts 1909, ch. 298, § 25)

Memphis Charter, art. 27, § 181 Authority of Mayor to suspend officers.

Sec. 181. - Authority of Mayor to suspend officers. The Mayor shall have power to suspend any City officer for misconduct or dereliction in office, reporting such action, with his reason therefor, in writing to the next regular meeting of the Board of Commissioners. (Acts 1905, ch. 54, § 9)

Memphis Charter, art. 27, § 182 Suspension or discharge of subordinates by department heads.

Sec. 182. - Suspension or discharge of subordinates by department heads. The chief of the Police Department, chief of the Fire Department, superintendent of the Health Department, or any superintendent or foreman in charge of municipal work, may peremptorily suspend or discharge any subordinate then under his direction for neglect of duty or disobedience to his orders; but shall, within twenty-four hours thereafter, report in writing such suspension or discharge and a reason therefor, to the Commissioner in charge of his department, who shall thereupon affirm or revoke such discharge or suspension, according to the facts. Such employee (or officer discharging or suspending him) may, within five days of such ruling, appeal therefrom to the Commissioners of the City of Memphis, who shall fully hear and determine the matter, and their conclusions in the premises shall be final. (Acts 1909, ch. 298, § 29)

Memphis Charter, art. 27, § 183 Candidates and officers not to influence political support.

Sec. 183. - Candidates and officers not to influence political support. It shall be unlawful for any candidate for office or any officer in the employment of the City of Memphis, directly or indirectly, to give or promise any person or persons any office, employment, benefit, or anything of value for the purpose of influencing or obtaining the political support, aid, or vote of any person or persons. Any violation of the provisions of this section shall be a misdemeanor, and shall be grounds for removal from office. (Acts 1909, ch. 298, § 36)

Memphis Charter, art. 27, § 184 Soliciting or calling upon officers and employees for political contributions.

Sec. 184. - Soliciting or calling upon officers and employees for political contributions. No officer, employee or agent of the City government shall be called on by any other officer or agent of the City for any contribution or assessment by any political organization or member or committee thereof. No such officer, employee or agent shall be allowed to solicit any contribution or to sell any tickets or to procure any money by any device from the public. Any person violating any of the provisions of this section shall, upon conviction in the City court, be fined not exceeding fifty ($50.00) dollars and removed from office. (Acts 1905, ch. 54, § 53)

Memphis Charter, art. 27, § 185 Removal of officers by Board of Commissioners.

Sec. 185. - Removal of officers by Board of Commissioners. All City officers whose removal from office is not otherwise provided for in this Act, shall be subject to removal by the Board of Commissioners of the City of Memphis, sitting as a court, upon written charges preferred by the Mayor or any member of the Board of Commissioners. The person accused shall have the right to be heard in person or by his counsel, and said court shall act under oath or affirmation. No person so tried shall be so removed from office without the concurrence of four-fifths of the Board of Commissioners in joint session, the vote to be taken by ayes and nays and a record thereof kept on the minutes. When a person has been so removed from office, he shall be ineligible thereto during the term for which he shall have been elected or appointed. (Priv. Acts 1937, ch. 122, § 11)

Memphis Charter, art. 27, § 187 Salaries of certain officers to be fixed by board.

Sec. 187. - Salaries of certain officers to be fixed by board. The salaries of the City Engineer, John Gaston Hospital superintendent, City Court Clerk, collector of licenses and privileges, collector [inspector] of weights and measures, chief building inspector, electrical inspector, City boiler and smoke inspector, and the City Plumbing Inspector, of the City of Memphis shall be fixed by the Board of Commissioners of the City of Memphis, either by resolution or by ordinance, in such amounts as they may deem proper. (Priv. Acts 1951, ch. 149, § 1)

Memphis Charter, art. 27, § 189 Authority of Board of Commissioners to employ, fix salary, terminate employment and transfer employees.

Sec. 189. - Authority of Board of Commissioners to employ, fix salary, terminate employment and transfer employees. The Board of Commissioners of the City of Memphis shall have the power, by resolution passed upon majority vote, to employ, fix the salary of, terminate the employment of, and transfer from one department to another, any employee of the City of Memphis whose salary and whose term of office is not fixed specifically by the Charter of the City of Memphis or any legislative act pertaining thereto. (Priv. Acts 1947, ch. 519, § 12a)

Memphis Charter, art. 27, § 190 Residence requirements of persons employed by the City of Memphis.

Sec. 190. - Residence requirements of persons employed by the City of Memphis. All persons employed by the City of Memphis shall be required to live and reside within Shelby County, Tennessee. (Priv. Acts. 1941, ch. 44, § 1(9); Priv. Acts 1963, ch. 248, § 1; Ord. No. 3286, § 1, 3-29-1983; Ord. No. 3400, § 1, 8-28-1984; Ord. No. 5063, § 1, 6-15-2004; Ord. No. 5265 § 1, 8-5-2008; Ord. No. 5345, 3-23-2010)

Memphis Charter, art. 27, § 190.1 Hospitalization insurance for officers and employees.

Sec. 190.1. - Hospitalization insurance for officers and employees. The Board of Commissioners of said City [Memphis] be and they are hereby authorized to establish, by ordinance, a hospitalization plan for all officers and persons regularly employed by said City and members of their families; to determine who shall be eligible to participate under said plan; to incur the expense of experts to determine the feasibility of such a plan, its probable costs and administrative matters pertaining thereto; to contract with any insurance company licensed to do business in Tennessee in connection therewith, or any hospital doing business in Shelby County, Tennessee, including, but not limited to the John Gaston Memorial Hospital; to determine to what extent, if any, the cost of such hospitalization shall be borne by employees, by the City of Memphis, or both, and fix rates based on the beneficiaries of such plan; to determine how the share of the employee, if any, shall be collected; to appropriate and pay for the share, if any, of the City of Memphis; to provide for the administration of said plan and the costs in connection therewith, and to do all things necessary to establish and carry out the purpose of this Act. (Priv. Acts 1953, ch. 292, § 1)
Source: City of Memphis, Code of Ordinances and Charter and Related Laws (Municode Library, library.municode.com)URL: https://library.municode.com/tn/memphis/codes/charter?nodeId=PTICHRELA_ART27OFEMGEFetched: 10/28/2026

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