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Commission approves contracting model for volunteer fire departments to limit county liability
Summary
The commission approved a resolution changing the legal relationship between Roane County and volunteer fire departments to an independent-contractor, contractual model. County attorneys said the change follows CTAS guidance and aims to shield the county from liability exposure identified in similar cases elsewhere.
The Roane County Commission voted to place volunteer fire departments on a contractual, independent-contractor basis with the county, a move county attorneys said is intended to limit the county's exposure to liability. Commissioner Parks moved the resolution; the motion carried unanimously.
County Attorney (title used in meeting) explained that the county's prior structure made volunteer departments agents of the county with no mechanism for oversight and therefore exposed the county to lawsuits arising from volunteer activities. "What this seeks to do is put the volunteer fire departments on a contractual basis with the county, where the county is contracting them to provide fire services in their area, paying them to do that. But they are independent contractors and not agents of the county," the county attorney said.
The attorney said the change follows a recommendation from the County Technical Assistance Service (CTAS) after a Middle Tennessee county was pulled into litigation when a volunteer department was part of the county system. Commissioners asked whether the change would affect existing incidents; the county attorney said the policy applies going forward and that volunteer departments will continue to carry their own insurance.
The resolution passed by unanimous vote.
