On Fiscal Responsibility of TDEC (2004)

AG Opinion on Fiscal Responsibility of TDEC Relevant to Oversight of TCIA (2004)

Opinion Summary:

1.Yes. The apparent conflict in the statutory language can be reconciled. The obligation to keep the financial records of the Commission is a statutory obligation of TDEC. Nothing in the enabling statutes suggests that the Commission must pay for those services.

2. The statute only requires the TDEC Commissioner to keep fiscal records for the Commission.

3. No. The statutory language does not require Commission funds to be deposited with TDEC. Because of our opinion here, questions 3A and 3B are pretermitted.

4. No. The Act requires TDEC to keep the Commission’s fiscal records and TDEC employees would have to provide that service, including legal advice relating to that service. Although not required to do so, TDEC is not prohibited under the Act from using its employees, including its legal counsel, for any other purpose relative to the Commission on such terms as TDEC and the Commission might agree.

5. The Act provides that “all offices, equipment, supplies, property, facilities, funds and other resources of any program under the Tennessee Commission of Indian [A]ffairs shall be transferred to the Tennessee Commission of Indian [A]ffairs created by this act.” If any offices, equipment, etc., under the foregoing provision are within TDEC, then the Department must provide them to the Commission. TDEC is permitted, but not required, to provide other space or equipment to the Commission beyond that designated by the above provision on such terms as TDEC and the Commission might agree.