SHERIFF QUALIFYING PROCEDURE

  Candidates seeking the office of Sheriff must file certain documents with the POST (Peace Officer Standards & Training) Commission 14 days before the qualifying deadline.  See the following site for information.            www.state.tn.us/commerce/let/post/index.html

8-8-102. Qualifications for office - Affidavits.

  (a)  To qualify for election or appointment to the office of sheriff, a person shall: 

     (1) Be at least twenty-one (21) years of age; 

     (2) Be a qualified voter of the county; 

     (3) Be a high school graduate or possess equivalency; 

     (4) Not have been convicted by a court of the United States, the state of Tennessee, or any state    or territory of the United States of an offense that was a felony; 

     (5) Not have been released or discharged from the armed forces of the United States with a dishonorable discharge; 

     (6) Have caused such person's fingerprints to be filed with the Tennessee bureau of investigation; 

     (7) Have been certified by a qualified professional in the psychiatric or psychological fields to be free of all apparent mental disorders as described in the Diagnostic and Statistical Manual of Mental Disorders, Third Edition (DSM-III), or its successor, of the American Psychiatric Association. 

The requirements of this subsection apply to any  person who holds the office of sheriff on May 30, 1997. However, in order to qualify for any subsequent election or appointment to the office of sheriff, such person shall meet the requirements of subsection (b). 

 

 (b)  After May 30, 1997, to qualify for election or appointment to the office of sheriff a person shall: 

     (1) Be a citizen of the United States; 

     (2) Be at least twenty-five (25) years of age prior to the date of qualifying for election; 

     (3) Be a qualified voter of the county; 

    (4) Have obtained a high school diploma or its equivalent in educational training as recognized by the Tennessee state board of education; 

     (5) Not have been convicted of or pleaded guilty to  or entered a plea of nolo contendere to any felony charge or any violation of any federal or state laws or city ordinances relating to force, violence, theft, dishonesty, gambling, liquor or controlled substances; so long as the violation involves an offense that consists of moral turpitude or a misdemeanor crime of domestic violence; 

     (6) Be fingerprinted and have the Tennessee bureau of investigation make a search of local, state and federal fingerprint files for any criminal record. Fingerprints are to be taken under the direction of the Tennessee bureau of investigation. It shall be the responsibility of the T.B.I. to forward all criminal history results to the Peace Officer  Standards and Training (POST) commission for evaluation of qualifications; 

     (7) Not have been released, separated or discharged from the Armed Forces of the United States with a Dishonorable or Bad Conduct  discharge, or as a consequence of conviction at court martial for either state or federal offenses; 

     (8) Have been certified by a qualified professional in the psychiatric or psychological fields to be free

 of all apparent mental disorder as described in the Diagnostic and Statistical Manual of Mental Disorders, Third Edition (DSM III) or its successor,  of the American Psychiatric Association; and 

     (9) Possess a current and valid peace officer certification as issued by the Tennessee POST  commission as provided in § 38-8-107, and as  defined in title 38, chapter 8, within twelve (12) months prior to the close of qualification for the  election for the office of sheriff. 

In the event that certification for peace officer is inactive or no longer valid, proof of the intent to run  for the office of sheriff shall be presented to the  POST commission for approval to take the POST certification examination; provided, that all  requirements are met as set forth in subdivisions (b)(1)-(8) and those set by the commission. 

The provisions of this subdivision shall not apply in any county having a metropolitan form of government where the sheriff does not have law enforcement powers. 

 (c) (1)  Any person seeking the office of sheriff shall file with the POST Commission, either prior to the qualifying deadline for such office, or after filing the qualifying petition for such office, the following:

     (A) An affidavit sworn to and signed by the candidate affirming that the candidate meets the requirements of this section; and 

     (B) A confirmation of psychological evaluation form certified by the psychologist/psychiatrist providing psychological evaluation as provided for in 8-8-102(b)(8) for the purposes of sheriff candidacy qualification. The form shall be developed by the POST commission and shall include the examining psychologist's/psychiatrist's license number and state of licensure. The form shall clearly state in bold face type directly above the signature line that a person who, with intent to deceive, makes any false statement on such application commits the  offense of perjury pursuant to § 39-16-702. The form shall be made available by the POST  Commission upon request by any candidate for the  office of sheriff. 

 (2) If such affidavit and form are not filed with the POST commission by the withdrawal deadline for the office of sheriff, such candidate's name shall not  be placed on the ballot. The POST commission shall  have the authority to verify the validity of such  affidavit and form. 

 (3) The POST commission shall verify POST  certification of any person seeking the office of  sheriff who meets these requirements. The original  notarized verification form from the POST  Commission, together with such person's nominating  petition, shall be filed by the POST commission with  the county election commission as soon as possible.  

If the POST commission has not certified to the  county election commission no later than the last  day on which ballots may be printed a person  seeking to qualify as a candidate for the office of  sheriff as meeting the qualifications as provided for  in this section, such person's name shall not appear  on the ballot. In the event that a person seeks  election to the office of sheriff by the county  legislative body to fill a vacancy in office, such  verification must be filed with the county clerk prior  to the election. 

 (d)  Every person who is elected or appointed to the office of sheriff after May 30, 1997, shall, annually  during such term of office, complete a forty-hour  in-service training course appropriate for the rank  and responsibilities of a sheriff. The training course  shall be taught at the Tennessee Law Enforcement  Training Academy. The curriculum shall be  developed by the Tennessee Sheriff's Association  and approved by the Tennessee POST commission.  Any such sheriff who does not fulfill the obligations  of this training course shall lose the power of  arrest. 

 (e) (1)  Notwithstanding any provision of  subsections (b)-(e) to the contrary, a current and  valid peace officer certification issued by the  Tennessee POST commission or training that is  approved by or meets the standard on minimum  hours required to be certified by the POST  commission is not a requirement for a person to  initially qualify for election to the office of sheriff.  However, if such a person qualifies to run for the  office of sheriff and is elected to the office, such  person shall be required to enroll, within six (6)  months after taking office, in the recruit training  program offered by the Tennessee Law  Enforcement Training Academy. Any cost  associated with obtaining such POST certification  shall be paid by the county. For such person to  qualify for the office of sheriff in any subsequent  election, the person must have completed such  recruit training program and have obtained POST  certification during such person's first term of office  as sheriff. 

 (2) If, pursuant to subdivision (e)(1), a person is  elected to the office of sheriff, and the person does  not possess a current and valid peace officer  certification, upon taking office the salary of such  person shall be fifteen percent (15%) less than the  salary of a person initially elected to the office of  sheriff who does possess a current and valid  certification; provided, that if during the first year in  office, such person completes the recruit training  program and obtains certification, the salary of such  person shall, as a matter of law, automatically be  raised the month following the date certification is  obtained to the level of other persons initially elected  to the office of sheriff who are certified. However,  if such a person does not complete the recruit  training program and obtain certification during the  person's first year in office, then the following  reduction in salary shall occur as a matter of law,  until such person obtains certification: 

 (A) During the second year in office, the salary  shall be twenty percent (20%) less than the salary of a first-term sheriff who is certified; 

 (B) During the third year in office, the salary shall  be twenty-five percent (25%) less than the salary of  a first-term sheriff who is certified; and 

 (C) During the fourth year in office, the salary shall  be thirty percent (30%) less than the salary of a  first-term sheriff who is certified. 

   Notwithstanding such salary schedule, the salary  shall, as a matter of law, be automatically raised the  month following the date certification is obtained to  the level of a first-term sheriff who is certified. 

 (3) As used in this subsection, "certification" or  "certified" means a current and valid peace officer  certification issued by the Tennessee POST  commission or training that is approved by or meets  the standard on minimum hours required to be  certified by the Tennessee POST commission. 

   [Code 1858, § 358 (deriv. Acts 1777 (Nov.), ch. 8,  § 3); Shan., § 447; Code 1932, § 694; T.C.A. (orig.  ed.), § 8-802; Acts 1993, ch. 373, § 2; 1994, ch.  941, § 1; 1997, ch. 338, §§ 1, 2; 2000, ch. 742, §§ 1,  2.]

 

Fingerprinting Procedure For Sheriff Candidates

1.      Go to the local Sheriff’s Office to be printed

2.      Make sure they use the blue card

3.      Be sure to check the box (Reason) (candidate)

4.      Forward to the P.O.S.T. Commission (if mailed it is advised to send it certified mail and request a receipt)

5.      P.O.S.T. will forward to T.B.I for criminal background check.

6.      After background check, T.B.I will forward back to P.O.S.T

P.O.S.T. will then contact you and the election commission as to approval/non-approval to be on the official ballot.