Attorney General Opinions 
Relating to County Government

2006 Fire & Emergency Services

• The governor’s authority to direct and compel evacuations in response to emergencies or disasters under T.C.A. § 58-2-107 could be delegated to the chief executive officers of cities or counties.  The statutory authority to order and compel evacuations absent a delegation of authority from the governor is granted to city officials only; county officials have no such independent authority.  Opinion No. 06-172 (November 22, 2006).

• All full-time, salaried, uniformed officers of civil defense or emergency management agencies of state and local governments may use blue flashing emergency lights on their vehicles in the performance of activities set out in T.C.A. § 58-2-101 et seq.  Opinion No. 06-050 (March 16, 2006).

• Law enforcement officers who deploy in response to disasters pursuant to the Emergency Management Assistance Compact (EMAC) are immune from tort liability.  Law enforcement officers who self-deploy may or may not be immune from tort liability; as volunteers, they would not be covered by workers compensation laws.  Regardless of how they deploy, law enforcement officers may not exercise law enforcement authority in the host state unless expressly authorized by the host state.  Opinion No. 06-029 (February 8, 2006).

• All emergency call takers or public safety dispatchers are required to be United States citizens under T.C.A. § 7-86-204.  Even though similar statutes have been found unconstitutional, the Attorney General recommends that the statute be followed unless and until a court finds this particular statute unconstitutional.  Opinion No. 06-022 (January 31, 2006).