Are Tennessee cities and counties legally required to provide police, fire, or medical services?

Plain-English summary

Representative Eddie Bass asked whether Tennessee cities and counties were legally required to operate police, fire, and medical services. The AG's answer is mostly no, with a few specific exceptions.

On police: no general state statute makes a city run its own police department. If a city declines to do so, the county sheriff is required by Tenn. Code Ann. § 38-3-102(b) to patrol inside city limits, ferret out crimes, and make arrests. Counties must fund the sheriff's office under § 8-20-120. A range of city and other officials (judges, mayors, marshals) act as conservators of the peace under § 38-3-103.

On fire: no general statute forces a city or county to provide fire service. Cities are authorized to do so under their police powers; counties have multiple statutory schemes letting them run a fire service or contract with neighbors; both can support nonprofit volunteer fire departments. Authority is broad. The duty is none.

On medical: this is where the most specific statutory mandate lives, but only at the regulatory level. Each county must establish a county health department under § 68-2-603, and counties must fund (cities may fund) those departments. Beyond that, hospitals, clinics, and ambulance services are all permissive: cities and counties may operate or contribute to them under various statutes, but no general law requires them to.

The AG warned that the answer for any given city or county also depends on its charter and any private acts that govern it. The general statutory framework is permissive, but a specific charter could impose duties this opinion does not capture.

Currency note

This opinion was issued in 2010. Subsequent statutory amendments, court decisions, or later AG opinions may have changed the analysis. Treat this page as historical context, not current legal advice. Verify current law before relying on any specific rule, deadline, or remedy mentioned here.

Common questions

Q: If our city has no police force, who polices us?
A: The county sheriff. Under Tenn. Code Ann. § 38-3-102(b), the sheriff is required to patrol the county (including the area inside an unpoliced city), investigate crimes, secure evidence, and arrest suspects. The county is required to fund the sheriff's department under § 8-20-120.

Q: Can a town just decide not to have a police department?
A: Under general Tennessee law, yes. The opinion notes that statutes addressing city powers are usually permissive ("may") rather than mandatory ("shall"). A specific city charter or private act could impose a duty the general statutes do not. Anyone making this decision should look at their own charter first.

Q: Are cities required to have a fire department?
A: No, not under any general statute. Cities have authority to run a fire department or contract for fire protection (§ 6-2-201, mayor-aldermanic charter example), but the statutes use permissive language. The Fire Department Recognition Act (§§ 68-102-301 et seq.) sets standards for fire departments that exist; it does not require their existence.

Q: What about the county and fire?
A: Same answer. Counties have multiple statutory schemes authorizing fire service (§§ 5-17-101 et seq. and §§ 5-16-101 et seq.) and may contribute county funds to nonprofit volunteer fire departments under § 5-9-101(23). None of these require fire service.

Q: What's the closest thing to a mandatory local-government health duty?
A: County health departments. Tenn. Code Ann. § 68-2-603 requires every county to establish a health department. The state appoints and pays the director under the same provision. Counties must fund the department under § 68-2-604; cities may fund it under § 68-2-605. The work is regulatory (enforcing health rules), not direct medical care.

Q: Are hospitals required?
A: No. Many cities and counties are expressly authorized by private act or general statute to operate hospitals or contribute to hospital authorities, but none are required to.

Q: What about ambulance service?
A: Tenn. Code Ann. § 7-61-102 says a city or county "may" provide ambulance service. The word is "may," not "shall." Many counties contract with private EMS providers; some run county EMS; some rely on volunteer rescue squads.

Q: Is there any general statute requiring local emergency medical services?
A: The opinion identifies none. Beyond the regulatory functions of local health departments, no statute of general applicability requires cities or counties to provide medical services.

Q: How do we know if our specific charter adds duties beyond this?
A: This is the cautionary point at the start of the opinion. The AG was answering only for laws of general applicability. Your city or county may have a charter (often a private act of the General Assembly) that imposes additional service duties. A municipal attorney should review that charter before anyone concludes "no service required."

Background and statutory framework

Tennessee follows the general Dillon's Rule pattern of municipal law: cities and counties have only the powers the legislature has given them. This means most local-government statutes describe what cities and counties may do, not what they must do. The AG opinion catalogues those permissive grants for police, fire, and medical services.

The exception worth noting is the sheriff. Unlike city police, the office of sheriff is constitutional, and the duties of the sheriff under Tenn. Code Ann. §§ 8-8-213 and 38-3-102 are mandatory. The sheriff is the default countywide law enforcement officer, and counties must fund the office under § 8-20-120. This is the structural reason the AG concluded that an unpoliced city is not lawless: the sheriff still has the duty.

For fire, the statutory landscape is permissive but extensive. Cities can act under their general police-power grant (Tenn. Code Ann. § 6-2-201 for mayor-aldermanic cities, with similar provisions for other charter forms). Counties have parallel authority under §§ 5-16-101 et seq. and 5-17-101 et seq., plus the option to support volunteer fire departments financially under § 5-9-101(23). Both private and governmental fire departments must comply with the Fire Department Recognition Act standards. None of these statutes makes the existence of fire service mandatory.

For health, the regulatory floor is the county health department, required under Title 68, Chapter 2. The Commissioner of Health appoints each director, and the State pays the director's salary. The county and (optionally) any city must fund the department's operations. Beyond that floor, every authorization for clinical services, hospitals, ambulances, and public-works debt for health facilities is permissive.

A practical implication: when a question arises about whether a city or county "had to" provide some service, the question almost always must be answered first by reading the local charter, second by looking for a specific statute on the service in question, and only third by looking at the general grants of authority. The AG's opinion is a helpful map of the third tier; the first two tiers may yield different answers in any given case.

Citations and references

Statutes:

• Tenn. Code Ann. § 38-3-102 (sheriff's duty to patrol)
• Tenn. Code Ann. § 38-3-103 (conservators of the peace)
• Tenn. Code Ann. § 8-8-213 (sheriff and deputies as conservators of the peace)
• Tenn. Code Ann. § 8-20-120 (county must fund sheriff's department)
• Tenn. Code Ann. § 6-2-201 (powers of mayor-aldermanic city)
• Tenn. Code Ann. §§ 5-16-101 et seq. (county fire services)
• Tenn. Code Ann. §§ 5-17-101 et seq. (county fire services)
• Tenn. Code Ann. § 5-9-101(23) (county funds for nonprofit volunteer fire departments)
• Tenn. Code Ann. §§ 7-38-101 et seq. (private fire companies)
• Tenn. Code Ann. §§ 68-102-301 et seq. (Fire Department Recognition Act)
• Tenn. Code Ann. §§ 68-2-601 et seq. (county boards of health)
• Tenn. Code Ann. § 68-2-603 (county must establish a health department)
• Tenn. Code Ann. § 68-2-604 (county must fund health departments)
• Tenn. Code Ann. § 68-2-605 (city may fund health departments)
• Tenn. Code Ann. § 7-61-102 (city or county may provide ambulance service)
• Tenn. Code Ann. § 9-21-105(22)(A) (local-government debt for health facilities)

Prior AG opinion:

• Op. Tenn. Att'y Gen. U96-019 (March 11, 1996), reaffirming that no statute requires cities to provide police service
• Op. Tenn. Att'y Gen. 08-134 (August 14, 2008), sheriff patrols inside an unpoliced city

Source

• Landing page: https://www.tn.gov/attorneygeneral/opinions.html
• Original PDF: https://www.tn.gov/content/dam/tn/attorneygeneral/documents/ops/2010/op10-003.pdf

Original opinion text

Requirement of Local Governments to Provide Police, Fire, and Medical Services

QUESTIONS

1. Are cities and counties legally required to provide police and fire services?
2. Are cities and counties legally required to provide medical services, either as part of or independently from fire services?

OPINIONS

1. No statute of general applicability requires a city to provide police services within its boundaries. Where a city does not provide a police force, the sheriff must patrol the area within the city boundaries. Under Tenn. Code Ann. § 38-3-102(b), the sheriff is required to patrol the county roads, ferret out crimes, secure evidence of crime, and apprehend and arrest criminals. County governing bodies are required by law to fund the operations of the county sheriff's department. Tenn. Code Ann. § 8-20-120. Under Tenn. Code Ann. § 38-3-103, various city and other public officials are conservators of the peace and may act with all the power of the sheriff to aid in the prevention and suppression of public offenses. Cities may provide fire service in the exercise of their police powers or authority to provide services and utilities. Counties are also expressly authorized to provide fire service under at least two different statutory schemes. But no statute of general applicability requires a city or a county to provide fire service within its boundaries.

2. State law establishes a system of county boards of health and county health departments to execute state health programs and enforce state and county health rules and regulations. In addition, many cities and counties are expressly authorized to operate hospitals or contribute to hospital authorities created by private act. Other statutes of general applicability authorize but do not require local governments to operate or contribute to health care facilities. Many cities and counties are expressly authorized to operate hospitals or contribute to hospital authorities created by private act. But we are not aware of any statute of general applicability legally requiring cities and counties to provide medical services beyond the regulatory functions provided by local health departments.

ANALYSIS

1. Requirement for City or County to Provide Police and Fire Service

a. Police Service

This opinion addresses services that cities and counties are legally required to provide under laws of general applicability. A definitive answer to this question would depend on the particular city or county and the charter and private acts that govern it. The first question is whether cities and counties are legally required to provide police and fire services. Statutes addressing the powers of cities and counties are frequently permissive or discretionary rather than mandatory. Thus, our Office has concluded in the past that no statute of general applicability requires a city to provide police services within its boundaries. Op. Tenn. Att'y Gen. U96-019 (March 11, 1996). Research indicates that this continues to be the case.

Where a city does not provide a police force, the sheriff must patrol the area within the city boundaries. Op. Tenn. Att'y Gen. 08-134 (August 14, 2008). The sheriff and the sheriff's deputies are conservators of the peace within the county. Tenn. Code Ann § 8-8-213; Tenn. Code Ann. § 38-3-102(a). Under Tenn. Code Ann. § 38-3-102(b), the sheriff is required to patrol the county roads, ferret out crimes, secure evidence of crime, and apprehend and arrest criminals. County governing bodies are required by law to fund the operations of the county sheriff's department. Tenn. Code Ann. § 8-20-120. Under Tenn. Code Ann. § 38-3-103, various city and other public officials are conservators of the peace and may act with all the power of the sheriff to aid in the prevention and suppression of public offenses.

b. Fire Service

State law continues to authorize the formation of private fire companies. Tenn. Code Ann. §§ 7-38-101, et seq. Both private and governmental fire departments must meet the requirements of the Fire Department Recognition Act, Tenn. Code Ann. §§ 68-102-301, et seq. A city is generally authorized, as an exercise of its police powers, to provide fire service within its boundaries or to contract for the provision of such service. See, e.g., Tenn. Code Ann. § 6-2-201 (powers of city incorporated under the mayor-aldermanic charter). But no statute of general applicability requires it to do so. Similarly, statutes of general applicability authorize counties to provide fire service within their boundaries, or to contract with a neighboring local government to provide fire services. Tenn. Code Ann. §§ 5-17-101, et seq.; Tenn. Code Ann. §§ 5-16-101, et seq. Counties are also authorized to contribute county funds to nonprofit volunteer fire departments. Tenn. Code Ann. § 5-9-101(23). But no statute of general applicability legally requires a county to provide fire service.

2. Requirement for City or County to Provide Medical Service

The second question is whether cities and counties are legally required to provide medical services, either as part of or independently from fire services. The powers and duties of any particular city are governed by its charter. Under Tenn. Code Ann. § 6-2-201(26), for example, cities incorporated under the mayor-aldermanic form of government are authorized, but not required, to "[p]rovide and maintain charitable, educational, recreative, curative, corrective, detentive, or penal institutions, departments, functions, facilities, instrumentalities, conveniences and services[.]" This statute could include medical services.

State law establishes a system of county boards of health and county health departments to execute state health programs and enforce state and county health rules and regulations. Tenn. Code Ann. §§ 68-2-601, et seq. Each county must establish a county health department. Tenn. Code Ann. § 68-2-603. The Commissioner of the Tennessee Department of Health appoints each director of a county health department, and the State pays the director's compensation. Id. Counties are required, and cities are authorized, to provide funds to maintain these departments. Tenn. Code Ann. § 68-2-604; Tenn. Code Ann. § 68-2-605.

As the request notes, under Tenn. Code Ann. § 7-61-102, for example, a city or county "may" provide and maintain and do all things necessary to provide ambulance service as a public service. Many cities and counties are expressly authorized to operate hospitals or contribute to hospital authorities created by private act. Similarly, other statutes of general applicability authorize but do not require local governments to operate or contribute to health care facilities. See, e.g., Tenn. Code Ann. § 9-21-105(22)(A) (local governments may issue debt to finance "public works projects," including health centers, clinics, and hospitals). But we are not aware of any statute of general applicability legally requiring cities and counties to provide medical services beyond the regulatory functions provided by local health departments.

ROBERT E. COOPER, JR.
Attorney General and Reporter

BARRY TURNER
Deputy Attorney General

ANN LOUISE VIX
Senior Counsel

Requested by:
Honorable Eddie Bass
State Representative
109 War Memorial Building
Nashville, TN 37243