Commissioners approve reorganization of county attorney—s office; appointment language softened

3920932 · June 19, 2025

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Summary

The commission voted to adopt a resolution establishing the structure of the Hamilton County Attorney—s Office and approved an amendment changing the appointing language so the mayor —may— rather than —shall— appoint the county attorney.

The Hamilton County Commission on June 18 approved Resolution 625-19, which establishes the structure and organization of the County Attorney—s Office. The commission adopted an amendment that replaces the phrase "shall appoint the county attorney" with "may appoint the county attorney," after commissioners debated the statutory scope of the mayor—s appointment authority.

Commissioner Sharp moved the amendment and said he was concerned the earlier wording created a requirement not found in state law. Sharp cited the Tennessee Code Annotated in his remarks and proposed changing the word "shall" to "may." "I believe, according to statute, TCA §5-6-112, it grants the power of appointing a county attorney to the mayor, but does not require it," Sharp said during debate.

The amendment passed on roll call; commissioners then voted to adopt the resolution as amended. The county attorney, Ruben Taylor, and other staff coordinated with the committee drafting the measure, and Taylor was asked to file the revised resolution with the clerk following the amendment.

Commissioner Graham noted that the Legal Committee had reviewed the draft and that the incoming and outgoing county attorneys had worked with committee members on the language. Several commissioners praised the staff contributions and the committee vetting process.

What happens next: the clerk will receive the amended resolution for the official record, and the new organizational structure will guide staffing and responsibilities within the County Attorney—s Office. Commissioners directed the attorney and clerk to ensure the final text reflects the amended language.