Enforcement Provisions

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To enforce the provisions of the act, the county mayor is authorized to retain the county attorney, or an attorney hired pursuant to T.C.A. § 5-6-106, to file an action in court for a writ of mandamus to compel compliance as provided in T.C.A. § 5-1-107. In addition to the action for mandamus, the county mayor is authorized to pursue any and all other remedies that may be available at law or in equity. This could include making a claim under the county official’s bond.

If a court finds a county liable as a result of acts or omissions by any official or employee in connection with the requirements of this act or any policies adopted pursuant to this act, the county has a right of action for reimbursement against the official or employee whose conduct resulted in liability for the county that is not covered by insurance, if the conduct of the official or employee was intentional and knowing.