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1995 Tennessee Attorney General Reports and Opinions 1 (1995)

handle is hein.sag/sagtn0145 and id is 1 raw text is: ATTORNEY GENERAL OF TENNESSEE Published by Authority of Chapter 276 Public Acts of 1971 October, 1995 95-107 CITY OFFICERS:City Manager: T.C.A. §6-21-101(a), which provides that a city manager serves at the will of the board of commissioners, precludes a city operating under that charter provision from legally entering into a contract with a city manager for a term of five years. T.C.A. §6-18-101, §6-21-101. 95-105 DEBT ADJUSTER: A person who engages in the business of Debt Arbitration and who acts as an intermediary between a debtor and a creditor, but does not receive money from the debtor or on behalf of the debtor for the payment to or distribution among the creditors of the debtor, does not engage in the prohibited practice of Debt Adjustment under T.C.A. §39-14-142. An attorney is not considered a debt adjuster by law under T.C.A. §39-14- 1 42(e)(1). 95-102 EDUCATION:Local Education Agencies: The provisions of T.C.A. §49-2- 203(a)( 11), or any other Tennessee statute do not prohibit a county commission from adopting a budget which requires the local education agency to reassume responsibility for the worker's compensation insurance premiums for the employees of that local education agency as long as this process does not result in state funds, either directly or indirectly, being used to pay for such premiums. T.C.A. §49-2-203. 95-106 GRAND JURY: There appears to be no legal authority for general supervision of Grand Jury proceedings by a Judge once it has been duly empaneled, sworn and instructed. The Grand Jury may seek the legal advice of the District Attorney General or his assistant(s), but should not receive legal advice from the Judge. A District Attorney General's misconduct before the Grand Jury may be reported to the court or directly to the Board of Professional Responsibility. A Grand Jury Foreman cannot attend and observe Grand Jury proceedings in another county. T.C.A. §8-7-501-502, §41-12-207; Ops. Tenn. Atty. Gen. 90-06 (January 16, 1990), 92-53 (September 16, 1992). 95-108 LOBBYISTS:Registration: A public official of a state educational institution whose lobbying activities are limited to those performed as part of the duties of his or her office is not required to register under T.C.A. §3-6-104(d)(1). If such official engages in lobbying activities other than those performed as part of the duties of his or her office, he or she must register as a lobbyist. However, such official is exempt from paying the fee imposed under T.C.A. §3-6-104(b). The prohibitions in 1995 Tenn. Pub. Act. Ch. 529 apply to anyone who qualifies as a lobbyist within the meaning of T.C.A. §3-6-102(13), whether or not such