TCA 39-16-406
Suspension, removal and discharge from office
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What does this charge mean?
A public official convicted of official misconduct, official oppression, or misuse of official information must be removed from office immediately. Officials with set terms are suspended without pay during appeals and removed permanently if convicted; officials hired at-will are discharged upon conviction. Anyone removed is barred from holding any public office for 10 years from the date their conviction becomes final.
Penalty Details
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Penalty SummaryClassification not specified
(a) A public servant convicted under § 39-16-402, § 39-16-403 or § 39-16-404 shall be removed from office or discharged from the position. (1) of the following even if the public servant has not yet qualified for office or assumed the duties:(A) An officer, employee, or agent of government. See Tennessee Code 39-16-401Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.(b) A public servant elected or appointed for a specified term shall be: (1) Suspended without pay immediately upon conviction in the trial court through the final disposition of the case; (2) Removed from office for the duration of the term during which the conviction occurred if the conviction becomes final; and (3) Barred from holding any appointed or elected office for ten (10) years from the date the conviction becomes final. (c) A public servant who serves at-will shall be discharged upon conviction in the trial court. Subsequent public service shall rest with the hiring or appointing authority; provided, that the authority has been fully informed of the conviction.
View on official sourceLast verified: Feb 25, 2026
Quick Facts
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TCA Section39-16-406