By Myrna Trauntvein
TN Correspondent
New requirements for conflict of interest disclosures as written by the state legislature became effective May 1, 2024 and that necessitated a revamping of the disclosure form. “The forms are to be submitted no sooner than January 1,” said Perry Davis, county attorney, “but no later than January 31 each year.” Each public officer, those who are elected and those who are appointed or hired, needs to prepare a written conflict of interest disclosure statement that contains a response to each item of information and submit the written disclosure statement to the filing clerk. “We now need more information on the conflict of interest form than we have needed,” said Davis. Those hired to work in government offices also are now required to fill out the disclosure forms, said Davis. The one for the elected officials requires more information but he is going to use the same form for those elected and those hired or appointed to assist the county, “The form for them is shorter but they will just not need to fill out the last couple of pages,” he said. No later than 10 business days after the day on which a public officer submits the written disclosure statement to the filing clerk, the filing clerk will then post an electronic copy of the written disclosure statement on, as applicable, the special district’s, special service district’s, or school district’s website. “The forms may be filled out electronically,” said Davis. Once completed they will go to the county clerk/auditor and will be available to the public. The lieutenant governor must also be provided with a link to the electronic posting. In addition, the filing clerk will ensure that the public officer’s written disclosure statement remains posted on the website until the public officer leaves office. It is unlawful for a public officer to fail to submit or amend a written disclosure statement. A public officer who violates the disclosure law is guilty of a class B misdemeanor. In addition to the criminal penalty described, the filing clerk is required to impose a civil fine of $100. Davis will share the disclosure forms electronically and they are to be completed within the specified timeline. A covered person is required to make a disclosure if he or she: Receives or agrees to receive compensation for assisting a person or business entity in a transaction involving the county; Is an officer, Tdirector, agent, employee or the owner of a substantial interest in a business entity that is subject to the regulation of the county. The also must disclose if they are an officer, director, agent, employee or owner of a substantial interest in a business entity that does or anticipates doing business with the county; Holds an investment or other financial interest that creates a potential or actual conflict between the interest and the covered person’s public duties; or Holds some personal interest that creates a potential or actual conflict between the interest and the covered person’s public duties. Officials must not disclose confidential information acquired by reason of the covered person’s official position or use such information to secure special privileges or exemptions for the covered person or others; Use or attempt to use the covered person’s official position to secure special privileges for the covered person or for others; or Knowingly receive, accept, take, seek or solicit, directly or indirectly, any gift or loan for the covered person or for another, if the gift or loan tends to influence the covered person in the discharge of his/her official duties.
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