Government Accountability

Duties and Responsibilities

Duties of the Sheriff (Tennessee)

In Tennessee, the Sheriff is the chief law‑enforcement officer of the county. The position is created by the state constitution, and the sheriff has both law‑enforcement duties and civil/administrative duties. Below is summary of what Tennessee law requires from a sheriff.

1. Enforces the Law and Maintains Public Safety

The sheriff is responsible for:

  • Enforcing state laws
  • Preventing crime
  • Responding to emergencies
  • Patrolling county roads
  • Investigating criminal activity

The sheriff is the top law‑enforcement authority in the county.

 2. Operates the County Jail

The sheriff must:

  • Run the county jail
  • Ensure inmate safety
  • Provide medical care
  • Maintain jail records
  • Supervise corrections officers

This is one of the sheriff’s largest legal responsibilities.

3. Serves Civil and Criminal Process

The sheriff is responsible for serving:

  • Warrants
  • Subpoenas
  • Summonses
  • Court orders
  • Eviction notices
  • Civil process papers

These duties come directly from Tennessee statutes.

4. Provides Courthouse and Courtroom Security

The sheriff must:

  • Secure the courthouse
  • Provide courtroom deputies
  • Protect judges, staff, and the public
  • Transport inmates to and from court

This includes ADA‑compliant access and safe public entry.

5. Maintains the County Jail Records and Arrest Records

The sheriff must keep accurate records of:

  • Arrests
  • Bookings
  • Jail logs
  • Inmate status
  • Transport logs

These records must be maintained according to Tennessee law.

6. Executes Orders of the Courts

The sheriff must carry out lawful orders issued by:

  • Circuit Court
  • General Sessions Court
  • Chancery Court
  • Juvenile Court

This includes civil orders, criminal orders, and property seizures.

7. Manages Deputies and Staff

The sheriff is responsible for:

  • Hiring deputies
  • Training deputies
  • Supervising deputies
  • Ensuring compliance with POST standards
  • Maintaining internal policies

The sheriff is legally accountable for the conduct of deputies.

8. Maintains Public Order

The sheriff may be called upon to:

  • Assist during disasters
  • Provide crowd control
  • Support emergency management
  • Protect public events

They coordinate with state and local agencies.

9. Responsible for County‑Wide Law‑Enforcement Policies

The sheriff must:

  • Create written policies
  • Train deputies on those policies
  • Enforce compliance
  • Maintain records of training and discipline

This includes policies on pursuits, use of force, driving, ADA access, and public interaction.

10. Responsible for the Care and Custody of County Property Assigned to the Sheriff’s Office

This includes:

  • Patrol vehicles
  • Radios and equipment
  • Jail facilities
  • Weapons
  • Evidence storage

The sheriff must maintain and safeguard county property.

11. Ensures Compliance with State Law

The sheriff must ensure the sheriff’s office follows:

  • Tennessee statutes
  • POST training requirements
  • Records‑retention laws
  • Open‑records laws (TPRA)
  • Constitutional protections
  • ADA Title II requirements

Responsibilities

What the Sheriff Must Do When Laws Are Broken or an Illegal Order Is Issued

In Tennessee, the sheriff is the chief law‑enforcement officer of the county. Because of that role, the sheriff has specific legal responsibilities when they become aware of:

  • unlawful conduct by deputies or staff
  • violations of state or federal law
  • unconstitutional practices
  • court orders that conflict with higher law
  • ADA Title II violations
  • civil‑rights violations

Below is a clear summary of what the sheriff is responsible for under Tennessee statutes and federal civil‑rights law.

1. The Sheriff Must Enforce State Law — Even Against Deputies

Tennessee law requires the sheriff to enforce state law. This includes:

  • traffic laws
  • criminal laws
  • civil‑rights protections
  • ADA access requirements

If a deputy violates state law, the sheriff is responsible for:

  • investigating the conduct
  • documenting the incident
  • taking corrective action
  • preventing future violations

The sheriff cannot ignore unlawful conduct by staff.

2. The Sheriff Must Follow Federal Law Above Local Orders

Under the U.S. Constitution:

Federal law is higher than state law, and state law is higher than local orders.

This means:

  • If a judge issues an administrative order that conflicts with federal law, the sheriff cannot enforce the unlawful part of the order.
  • The sheriff must follow the Constitution, ADA Title II, and federal civil‑rights statutes first.

This principle comes from long‑standing federal supremacy doctrine.

3. The Sheriff Must Refuse to Enforce an Order That Violates Federal Law

A sheriff is not allowed to enforce an order that:

  • violates the Constitution
  • violates ADA Title II
  • violates federal civil‑rights law
  • violates Tennessee statutes

The sheriff must:

  • seek clarification
  • notify the county attorney
  • notify the court
  • avoid enforcing the unlawful portion

Sheriffs are not permitted to enforce unconstitutional orders simply because they were issued by a judge.

4. The Sheriff Must Prevent Civil‑Rights Violations

Federal civil‑rights law (42 U.S.C. § 1983) requires the sheriff to:

  • prevent violations
  • stop violations when they occur
  • correct violations after they occur
  • train deputies to avoid violations
  • supervise deputies to ensure compliance

If the sheriff knows about a violation and does nothing, that is called deliberate indifference, which is prohibited under federal law.

5. The Sheriff Must Train and Supervise Deputies

Tennessee law and POST Commission standards require the sheriff to:

  • train deputies
  • supervise deputies
  • enforce policies
  • correct misconduct
  • maintain records of training and discipline

If deputies repeatedly violate laws (traffic laws, ADA access, civil‑rights protections), the sheriff is responsible for addressing the pattern.

6. The Sheriff Must Maintain Records

Tennessee’s Public Records Act requires the sheriff to:

  • document complaints
  • maintain internal records
  • preserve reports
  • respond to public‑records requests

If complaints “do not exist,” the sheriff is responsible for:

  • creating a proper complaint‑tracking system
  • ensuring records are retained
  • ensuring transparency

Failure to maintain records is itself a compliance issue.

7. The Sheriff Must Protect Public Access to the Courts

Under ADA Title II and Tennessee law, the sheriff must ensure:

  • safe courthouse entry
  • equal access for people with disabilities
  • no discriminatory barriers
  • no enforcement of policies that violate ADA requirements

If an administrative order blocks access unlawfully, the sheriff must not enforce the unlawful portion.

8. The Sheriff Must Report Serious Misconduct

The sheriff is responsible for reporting:

  • criminal conduct by deputies
  • civil‑rights violations
  • excessive force
  • unlawful discrimination
  • ADA access failures

This includes reporting to:

  • POST Commission
  • County attorney
  • County mayor
  • State authorities when required