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Bradley County: Plan for church deputies raises liability concerns

By: Randall Higgins
(Contact)

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Joe Bird & Jeff Yarber

CLEVELAND, Tenn. — Some Bradley County officials have liability concerns about the sheriff’s department plan to allow special deputies to provide security at church services.

Sheriff Tim Gobble announced plans for the church deputies after a fatal shooting in a Knoxville church.

This week, County Attorney Jim Bird and County Commissioner Jeff Yarber raised questions about the proposal, and county commissioners asked Mr. Bird to write a letter to the sheriff seeking more information.

Mr. Yarber asked if the sheriff can deputize someone for a limited time and day. Mr. Yarber asked. Mr. Bird said he will research the question, but according to the CTAS sheriff’s handbook, the sheriff probably can do that.

Mr. Yarber then asked if this be open to all nonprofit organizations or only churches.

Limiting the service to churches may violate separation of church and state, Mr. Bird said.

“We are bound by that. We are pre-empted by federal law,” Mr. Bird said.

Could the sheriff work out an agreement where the county is not liable for a deputized person’s action?

“I don’t know that you can waive gross negligence or contract it away in any situation,” Mr. Bird said. “I am very concerned about the county’s liability, but equally about the church’s liability.”

He described a hypothetical situation in which someone gets out of hand at church and a special deputy roughs him up.

“If I’m the lawyer that’s going to file an action, I’m probably going to file an action against that church and against the county. This person was not only an agent of the church but was also deputized by the sheriff,” Mr. Bird said.

Sheriff Gobble said last week that some churches already have their own security, while others have law enforcement members who can help out. He said his program provides one more option.

Mr. Bird said he was not asked to review Mr. Gobble’s proposal before it was announced.

Commissioners have said they don’t want to appear to be micromanaging the sheriff’s department. But if the program could involve taxpayer money, Commissioner Lisa Stanbery said, the commission does have a concern.

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