Misconduct Involving Public Officials and Employees

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The criminal statutes relating to misconduct of public officials and employees are found in T.C.A. §§ 39-16-401 et seq.  “Public servant” is broadly defined for these purposes as a person elected, selected, appointed, employed or otherwise designated as one of the following:

  1. An officer, employee or agent of government;
  2. A juror or grand juror;
  3. An arbitrator, referee, or other person who is authorized by law or private written agreement to hear or determine a cause or controversy;
  4. An attorney at law or notary public when participating or performing a governmental function;
  5. A candidate for nomination or election to public office; or
  6. A person who is performing a governmental function under claim of right although not legally qualified to do so.

T.C.A. § 39-16-401.