State Codes and Statutes

Statutes > Tennessee > Title-41 > Chapter-22 > Part-4 > 41-22-407

41-22-407. Executive director of TRICOR.

(a)  The board may employ an executive director of TRICOR. The commissioner of correction may reject a proposed appointment of an executive director for good cause. The commissioner shall submit in writing to the board the basis for the rejection. The board shall define the duties of the executive director and, within budgetary restrictions, establish the compensation.

(b)  The executive director shall serve at the pleasure of the board. The commissioner may remove the executive director for good cause. The commissioner shall submit in writing to the board the basis for the removal.

(c)  The executive director shall have the educational and business background and experience that will qualify the person to understand and evaluate the problems and needs of TRICOR and to direct and manage its activities for the board.

(d)  Within budgetary limitations and subject to the approval of the commissioner of personnel, the board, through its executive director, may employ professional and staff employees as may be appropriate for the efficient discharge of its duties to manage and operate TRICOR.

     (1)  Notwithstanding § 8-30-208, the board, with the approval of the commissioner of personnel, shall have the option of declaring certain management positions, unique to the operations under the control of the board, a part of the executive service and under the exclusive control of the board.

     (2)  The board, with the approval of the commissioner of personnel, shall have the option of declaring other positions, unique to the operations under the control of the board, not to be a part of the career service and to be under the exclusive control of the board.

     (3)  Upon appointment on or after July 1, 2006, to a position defined by subdivision (d)(2), an employee shall be subject to a probationary period of employment, as shall be established by the board and with the approval of the commissioner of personnel. Upon successful completion of the probationary period, the employee will be afforded minimum due process as defined in § 8-30-331, and access to the grievance procedures as provided in § 8-30-328, including appeal to the commission under the rules of the department of personnel for a disciplinary action of suspension, demotion or termination. This shall apply to all TRICOR employees already working in positions that are subsequently moved from the career service into a position defined by subdivision (d)(2) pursuant to the provisions of this section. The provisions of this section shall have no application to positions assigned to executive service pursuant to the provisions of § 8-30-208(b), or to the positions defined by subdivision (d)(1).

     (4)  Those positions that are not unique to TRICOR and are career service shall remain career service.

     (5)  Notwithstanding any provisions of law to the contrary, the board has the authority to develop procedures for recruiting and hiring qualified personnel, including career service, in a timely manner and at salary levels competitive with the free market, in order to ensure the production and timely delivery of low cost, quality products and to assure that the operations of TRICOR are efficiently managed and thus offset the costs of incarceration. The board has the authority to hire staff through the department of personnel and is encouraged to exercise this option when it is consistent with the principles of free enterprise.

     (6)  This subsection (d) shall be implemented notwithstanding any other law to the contrary.

[Acts 1994, ch. 737, § 1; 2003, ch. 187, §§ 18-20; 2003, ch. 229, § 1; 2006, ch. 750, § 3.]  

State Codes and Statutes

Statutes > Tennessee > Title-41 > Chapter-22 > Part-4 > 41-22-407

41-22-407. Executive director of TRICOR.

(a)  The board may employ an executive director of TRICOR. The commissioner of correction may reject a proposed appointment of an executive director for good cause. The commissioner shall submit in writing to the board the basis for the rejection. The board shall define the duties of the executive director and, within budgetary restrictions, establish the compensation.

(b)  The executive director shall serve at the pleasure of the board. The commissioner may remove the executive director for good cause. The commissioner shall submit in writing to the board the basis for the removal.

(c)  The executive director shall have the educational and business background and experience that will qualify the person to understand and evaluate the problems and needs of TRICOR and to direct and manage its activities for the board.

(d)  Within budgetary limitations and subject to the approval of the commissioner of personnel, the board, through its executive director, may employ professional and staff employees as may be appropriate for the efficient discharge of its duties to manage and operate TRICOR.

     (1)  Notwithstanding § 8-30-208, the board, with the approval of the commissioner of personnel, shall have the option of declaring certain management positions, unique to the operations under the control of the board, a part of the executive service and under the exclusive control of the board.

     (2)  The board, with the approval of the commissioner of personnel, shall have the option of declaring other positions, unique to the operations under the control of the board, not to be a part of the career service and to be under the exclusive control of the board.

     (3)  Upon appointment on or after July 1, 2006, to a position defined by subdivision (d)(2), an employee shall be subject to a probationary period of employment, as shall be established by the board and with the approval of the commissioner of personnel. Upon successful completion of the probationary period, the employee will be afforded minimum due process as defined in § 8-30-331, and access to the grievance procedures as provided in § 8-30-328, including appeal to the commission under the rules of the department of personnel for a disciplinary action of suspension, demotion or termination. This shall apply to all TRICOR employees already working in positions that are subsequently moved from the career service into a position defined by subdivision (d)(2) pursuant to the provisions of this section. The provisions of this section shall have no application to positions assigned to executive service pursuant to the provisions of § 8-30-208(b), or to the positions defined by subdivision (d)(1).

     (4)  Those positions that are not unique to TRICOR and are career service shall remain career service.

     (5)  Notwithstanding any provisions of law to the contrary, the board has the authority to develop procedures for recruiting and hiring qualified personnel, including career service, in a timely manner and at salary levels competitive with the free market, in order to ensure the production and timely delivery of low cost, quality products and to assure that the operations of TRICOR are efficiently managed and thus offset the costs of incarceration. The board has the authority to hire staff through the department of personnel and is encouraged to exercise this option when it is consistent with the principles of free enterprise.

     (6)  This subsection (d) shall be implemented notwithstanding any other law to the contrary.

[Acts 1994, ch. 737, § 1; 2003, ch. 187, §§ 18-20; 2003, ch. 229, § 1; 2006, ch. 750, § 3.]  


State Codes and Statutes

State Codes and Statutes

Statutes > Tennessee > Title-41 > Chapter-22 > Part-4 > 41-22-407

41-22-407. Executive director of TRICOR.

(a)  The board may employ an executive director of TRICOR. The commissioner of correction may reject a proposed appointment of an executive director for good cause. The commissioner shall submit in writing to the board the basis for the rejection. The board shall define the duties of the executive director and, within budgetary restrictions, establish the compensation.

(b)  The executive director shall serve at the pleasure of the board. The commissioner may remove the executive director for good cause. The commissioner shall submit in writing to the board the basis for the removal.

(c)  The executive director shall have the educational and business background and experience that will qualify the person to understand and evaluate the problems and needs of TRICOR and to direct and manage its activities for the board.

(d)  Within budgetary limitations and subject to the approval of the commissioner of personnel, the board, through its executive director, may employ professional and staff employees as may be appropriate for the efficient discharge of its duties to manage and operate TRICOR.

     (1)  Notwithstanding § 8-30-208, the board, with the approval of the commissioner of personnel, shall have the option of declaring certain management positions, unique to the operations under the control of the board, a part of the executive service and under the exclusive control of the board.

     (2)  The board, with the approval of the commissioner of personnel, shall have the option of declaring other positions, unique to the operations under the control of the board, not to be a part of the career service and to be under the exclusive control of the board.

     (3)  Upon appointment on or after July 1, 2006, to a position defined by subdivision (d)(2), an employee shall be subject to a probationary period of employment, as shall be established by the board and with the approval of the commissioner of personnel. Upon successful completion of the probationary period, the employee will be afforded minimum due process as defined in § 8-30-331, and access to the grievance procedures as provided in § 8-30-328, including appeal to the commission under the rules of the department of personnel for a disciplinary action of suspension, demotion or termination. This shall apply to all TRICOR employees already working in positions that are subsequently moved from the career service into a position defined by subdivision (d)(2) pursuant to the provisions of this section. The provisions of this section shall have no application to positions assigned to executive service pursuant to the provisions of § 8-30-208(b), or to the positions defined by subdivision (d)(1).

     (4)  Those positions that are not unique to TRICOR and are career service shall remain career service.

     (5)  Notwithstanding any provisions of law to the contrary, the board has the authority to develop procedures for recruiting and hiring qualified personnel, including career service, in a timely manner and at salary levels competitive with the free market, in order to ensure the production and timely delivery of low cost, quality products and to assure that the operations of TRICOR are efficiently managed and thus offset the costs of incarceration. The board has the authority to hire staff through the department of personnel and is encouraged to exercise this option when it is consistent with the principles of free enterprise.

     (6)  This subsection (d) shall be implemented notwithstanding any other law to the contrary.

[Acts 1994, ch. 737, § 1; 2003, ch. 187, §§ 18-20; 2003, ch. 229, § 1; 2006, ch. 750, § 3.]