Tennessee Code Title 41. Correctional Institutions and Inmates § 41-22-407

(d)(1) Within budgetary limitations and in consultation with the commissioner of human resources, the board, through its executive director, may employ professional and staff employees as may be appropriate for the efficient discharge of its duties to manage and operate TRICOR.

(2) Notwithstanding § 8-30-202, the board, in consultation with the commissioner of human resources, shall have the option of declaring certain management positions, unique to the operations under the control of the board, a part of the executive service and under the exclusive control of the board.

(3) The board, in consultation with the commissioner of human resources, shall have the option of declaring other positions, unique to the operations under the control of the board, not to be a part of the preferred service and to be under the exclusive control of the board.

(4) Upon appointment on or after July 1, 2006, to a position defined by subdivision (d)(3), an employee is subject to a probationary period of employment, as established by the board in consultation with the commissioner of human resources. Upon successful completion of the probationary period, the employee may file a complaint concerning the application of a law, rule, or policy to appeal the dismissal, demotion, or suspension of the employee pursuant to § 8-30-318 and the rules of the department of human resources. This shall apply to all TRICOR employees already working in positions that are subsequently moved from the preferred service into a position defined by subdivision (d)(3) pursuant to this section. This section shall have no application to positions assigned to executive service pursuant to § 8-30-202, or to the positions defined by subdivision (d)(2).

(5) Those positions that are not unique to TRICOR and are preferred service shall remain preferred service.

(6) Notwithstanding any law to the contrary, the board has the authority to develop procedures for recruiting and hiring qualified personnel, including preferred service, in a timely manner and at salary levels competitive with the free market, in order to ensure the production and timely delivery of low cost, quality products and to assure that the operations of TRICOR are efficiently managed and thus offset the costs of incarceration. The board has the authority to hire staff through the department of human resources and is encouraged to exercise this option when it is consistent with the principles of free enterprise.

(7) This subsection (d) shall be implemented notwithstanding any other law to the contrary.