Bradley County attorney: highway law prevents ad hoc road mutual aid; commissioners will pursue legislative fix

Commissioners discussed whether Bradley County road crews can be sent to help neighboring counties after severe weather and were told state law and funding rules prevent ad hoc mutual aid without reimbursement.

A road superintendent asked whether crews could be sent as volunteers to provide chainsaw work and debris clearing in areas hit hard by snow and ice. County attorney Christopher Aber said the county uniform highway law requires an agreement and reimbursement before the road department may work for another entity. "There's a statute that's very clear and on point, which basically says he can't do anything for anybody unless he has an agreement and gets reimbursed," Aber told the group.

Aber said that although many road superintendents would like limited authority to assist in emergencies, the current statutory framework — and restrictions on the use of highway funds — prevent sending crews without formal arrangements. He recommended the commission consider asking state legislators for a narrowly drawn exception to allow limited mutual aid in emergency circumstances while protecting the county from liability and improper use of restricted highway funds.

Commissioners agreed to refer the issue to the policy committee and to contact state lawmakers named in the discussion (Representative Howe, Representative Raper and Senator Lowe) to explore drafting a narrowly tailored change to the law. Aber noted timing could be an issue because bill submission deadlines may have passed but said it's appropriate to raise the issue with legislators.

Next steps: the commission will refer the matter to the policy committee for a recommendation and staff will follow up with the county's legislative contacts about possible statutory language and timing.